Legal Divorce Proceedings in New York...
ANY Uncontested Divorce, where you and your soon to be ex-spouse agree on
certain matters relating to the divorce, is a relatively affordable, fast and easy alternative
to an expensive, time consuming, “contested” divorce (where the parties cannot reach an
agreement and need to go to court to reach a resolution). Doing your divorce in
an “uncontested” way will save a great deal of money and time.
If all the issues are decided between the parties, they may agree to submit the
papers to the court for approval; this is known as an uncontested proceeding. In a
nutshell, you and your spouse agree upon not arguing (i.e., contesting) the divorce, the
grounds for divorce, the division of any property, and all issues surrounding children.
The vast majority divorces in the state of New York are uncontested rather than
contested.
Depending on the grounds for divorce, our uncontested divorce fees start at $499,
or $599 (with children), plus Court Filing Fees, payable though a convenient Payment
Plan; whereas the prices that most other New York attorneys charge for an uncontested
divorce tend to be at least $1,500, in addition to court fees. Obviously, going with our
firm will save you money.
Also, if there are no complications, your divorce is usually completed within six
months, where a contested divorce can drag on for a year, or even much, much longer.
Pay for “peace of mind” -- have a Licensed New York Attorney represent you
in your divorce proceeding, for a truly reasonable price. We offer day, evening and
weekend appointments. Contact us now to schedule an appointment to discuss your
uncontested divorce, or any other legal issue that you may have.
NY Divorce Requirements
Certain requirements must be met before we, as your lawyers, file your uncontested divorce in New York State Courts. If you meet the adequate 1) Grounds for Divorce, in addition to the 2) Residency Requirements, we can represent you as your attorney and counsel you. The two requirements are as follows:
Grounds for Divorce:
Irretrievable Breakdown / Irreconcilable Differences − of the relationship, also
known as “No-Fault” (the relationship has broken down permanently for at least 6
months):
Abandonment − your spouse has left the marital home for a period
longer than a
year.
Constructive/Sexual Abandonment − either you or your spouse has refused to
have sexual relations for more than one year − no proof required).
Imprisonment − your spouse has been imprisoned for at least three consecutive
years AFTER you were married):
Written Separation Agreement − must be filed with the court one year prior).:
Cruel and Inhuman Treatment − your spouse treated you so badly that it
endangered your physical or mental health. You will need to specify exact
dates, places and details of the cruel & inhuman treatment ... this will add extra
time & and additional cost (save time & money by choosing “Irretrievable
Breakdown,” “Abandonment” or “Sexual Abandonment” if possible).
Adultery (your spouse had a sexual affair) − You will be required to submit a
written affidavit of a witness to the adultery only if it has been less than 5 years
since you found out. ...this will add extra time & additional cost. (save time
& money by choosing Irretrievable Breakdown,” “Abandonment” or “Sexual
abandonment,” if possible):
Residency Requirements
For the New York State Supreme Court to have jurisdiction over the parties (see DRL
230) one of the following residency requirements must be satisfied:
1. The marriage ceremony was performed in NY and either spouse is a resident of
the state at the time of the commencement of the action for divorce, and resided in
the state for a continuous period of one year immediately before the action began.
2. The couple lived as husband and wife in NY and either spouse is a resident of the
state at the time of the commencement of the action for divorce and resided in this
state for a continuous period of one year immediately before the action began.
3. The grounds for divorce occurred in NY and either spouse is a resident of the
state at the time of the commencement of the action for divorce and resided in the
state for a continuous period of one year immediately before the action began.
4. The grounds for divorce occurred in NY and both spouses are NY residents at the
time the action is commenced.
5. If the parties were married outside of NY and have never lived together as
husband and wife in the state and the grounds for divorce did not occur in
NY, one spouse must presently be a resident of New York and have resided
continuously in the state for at least two years prior to filing an action for divorce.
Residing “continuously” in the state does not mean that the party has not have
left the state during the period of residency, nor does it mean that the party does not have
another residence elsewhere outside of New York.
Additional Concerns
1. If you have children, you must determine the issues of child support, custody,
and visitation, if it?s not already been determined by an Order from the Family Court.
2. If there is property to divide between the two of you, you and your spouse
must agree on how your assets and liabilities are going to be divided and distributed by
the court.
Legal Fees
Our attorney fees are among the most affordable in New York. You are even free to set up an uncontested divorce payment plan to pay our low, flat-fees (no hourly rate!!). Below is a schedule of our fees:
New York Uncontested Divorce without Children
$499 + Court Fees
- Consultation with a Licensed New York Lawyer
- Review of Uncontested Divorce Intake Sheet to Ensure Accuracy
- Unlimited Client Support via Phone and Email (no hourly rate!)
- Hassle-Free Revisions of Your Uncontested Divorce Documents
- Judgment of Divorce Mailed to You and Your Ex-Spouse at No Additional Charge
New York Uncontested Divorce with Children
$599 + Court Fees
- Consultation with a Licensed New York Lawyer
- Review of Uncontested Divorce Intake Sheet to Ensure Accuracy
- Unlimited Client Support via Phone and Email (no hourly rate!)
- Hassle-Free Revisions of Your Uncontested Divorce Documents
- Judgment of Divorce Mailed to You and Your Ex-Spouse at No Additional Charge
- Shipping and Handling Included
New York Supreme Court Divorce Filing Fees
- Index # $210
- RJI $95
- Notice of Issue $30
General Payment Plans
- 1st Payment $299 (1st Attorney Fee) The price for the initial consultation and preparation of the initial paperwork. This fee is due at your first appointment.
- 2nd Payment $210 (1st Court Filing Fee) Spouse Signs Affidavit of Defendant, or 2) Service of Summons and 40-Day Waiting Period
- 3rd Payment $200 or $300 w/kids (2nd Attorney Fee)
- Last Payment $125 (2nd Court-Filing Fee) For filing of "Note of Issue" along with other paperwork with the court. This is the "general" payment plan. It may differ slightly if any optional court fees or extra costs are incurred.
Optional Extra Costs
- $99 - Process Service within NY State (may be required if your spouse will not accept, sign & return papers willingly and/or expediently)
- $149 - Process service outside of NY State but in US (may be required if your spouse will not accept, sign & return papers willingly and/or expediently)
- $750 - Stipulation/Marital Settlement Agreement
- $1,000 - Grounds of Adultery
- $500 - Grounds of Cruel & Inhuman treatment
- $3,500 - Spouse's whereabouts unknown (divorce by publication)
Other Services:
- Basic Separation Agreements - $750 (plus $210 for filing fee)
- A separation agreement is a legal contract between spouses that addresses the division of assets and liabilities, as well as any support, maintenance, custody or visitation issues. The agreement may be filed with the County Clerk and is enforceable by the courts. At the end of one year from the date of the agreement, either spouse may file for divorce based on the one-year separation. The separation agreement may be included in any future divorce judgment. Most divorce lawyers charge $1,500 and up for separation agreements in New York.
- Prenuptial agreements protect your assets as separate property, thereby avoiding their division in case of a divorce. This agreement can protect assets such as homes, cars, businesses, real estate, income, etc.
Basic Prenuptial Agreements from $750
Contested Divorce $250/hour
- If your situation requires litigation, we can handle it for just $250/hour, (after an initial payment of contested divorce retainer). This is about HALF THE PRICE of most matrimonial attorneys in NY.
- Pay for "peace of mind" -- have a Licensed New York Attorney represent you in your divorce proceeding, for a truly reasonable price. We offer day, evening and weekend appointments. Contact us now to schedule an appointment to discuss your uncontested divorce, or any other legal issue that you may have.
Would You Like To Speed Up the Process?
- Regular Processing - no extra charge. Filed within 10 business days.
- Expedited Processing - add $99. Filed within 5 business days.
- Super Expedited - add $199. Filed within 3 business days.
- Next Day Processing - (for those who need the fastest divorce) - add $399. Filed by the end of next business day if received by 3:00 pm.
Children
There are three key issues when children are involved in a divorce or separation:
1. Child Custody - Physical Custody (where is the child's main residence) and
Legal Custody (who makes decisions about the child) are the two elements of
custody. Custody may be “joint” (shared by consent between the parties), or it
may be “sole,” -- as determined by agreement or by court order. Before custody
is awarded the court usually undertakes various investigative steps to determine
what is in the best interests of the child(ren). If custody is not decided upon by
consent (with the court and a court appointed law guardian representing the child)
then a hearing takes place at which both parties present evidence to determine
who should have custody in the best interests of the child(ren).
2. Child Visitation - the parent who does not have physical custody has either:
a) Reasonable Rights of Visitation.
b) A specified visitation schedule, or is limited to supervised visitation.
Only in very rare cases may the non-custodial parent
be denied visitation. Usually, this is for very specific reasons such as severe
substance abuse, a history of domestic violence or lack of interest in the child.
3. Child Support - In New York the amount of child support paid by the non-
custodial parent to the custodial parent is guided by the state Child Support
Standards Act.
What is the Difference Between Legal Custody and Physical Custody?
In New York there is a difference between Legal Custody and Physical Custody.
Parents can retain joint legal custody, as well as joint physical custody, or One parent can
also retain sole legal custody, as well as sole physical custody.
Legal Custody refers to the whether a parent has decision making power regarding
the child or child?s education, religious upbringing, and medical decisions.
Physical Custody refers to who the child or children will reside with.
What are Options for Visitation?
When it comes to visitation, many parents opt for the non-custodial parent
(i.e., the parent who does not have primary physical custody) to have “reasonable”
visitation. Reasonable visitation means that the custodial parent and the non-custodial
parent will work out visitation issues in the future in a reasonable manner.
Reasonable visitation is used when parents are going to maintain a somewhat
cordial relationship and want the child to be able to visit the non-custodial parent on a
reasonable basis.
A set visitation schedule, on the other hand, is exactly what it sounds like. It is a
schedule that you and your soon-to-be ex-spouse agree upon. You can agree upon certain
times and days that the non-custodial parent will have visitation time with the child or
children. You can also specify what holidays the child or children will spend with whom.
What is a Child Support Stipulation?
The Child Support Standards Act requires certain Child Support Guidelines be
followed unless both parties agree otherwise in writing. A Stipulation Regarding Child
Support is an agreement that you and your soon-to-be ex-spouse enter into as part of your
divorce where you can:
1. opt out of the Child Support Guidelines and
2. sets the terms and conditions of the child support for your child or children
However, be aware that the minimum amount of child support allowed by NY law is
$25 per month per child. The NY courts strictly require that your Stipulation Regarding
Child Support contain certain legal language regarding the Child Support Standards Act,
the Child Support Guidelines, complicated child support calculations and the reasons for
deviating from these guidelines. Often, pro se divorcees have had their divorce papers
rejected by the court because they made mistakes in their Stipulations Regarding Child
Support..
Frequently Asked Questions
Q. How does the New York uncontested divorce process work?
A. We can discuss any of your questions or concerns. First, we will provide you with
1) a retainer agreement that explains the scope of our services and your rights as a client;
2) an information form to complete; and
3) a Payment Fee Schedule. After we receive your signed retainer agreement and take the initial payment we will then prepare and be ready to file the initial Summons with Notice/Complaint. After your spouse signs and notarizes the papers, you will sign and notarize the final papers for filing with the court. You are free to come to the office, or we can mail or email you these documents. After approximately six months, the court will issue the judgment and you will receive a copy.
Q. Do you offer payment plans for uncontested divorces?
A. Yes. For your convenience, we do offer payment plans. Usually, clients separate the payments into either two or four parts. We require an initial payment of at least $300 at the initial meeting to get your case started. All payments are due prior to preparation of papers or filing with the court.
Q. Will I need to visit your office for a consultation?
A. Although preferred, office visits are not required. You can fill out our online information form and pay your fees though PayPal. Once we have been retained you will have an opportunity to consult with one of our matrimonial attorneys by phone or meet in our office. We are also always available for questions and inquiries by phone or email. All document communication can be handled by mail, email or fax. If you prefer, all documents requiring a signature can be mailed to you with clear instructions, and will include a return envelope for a prompt response. For your convenience, we offer day, evening and weekend appointments.
Q. What are the "grounds" for divorce?
A.The grounds for divorce are nothing more than a legally recognized reason for the dissolution of a marriage. While reviewing your particular case, our attorneys will be sure to explain the various options and their significance.
In New York, a divorce can only be granted based upon one or more of the following causes of action: " Irretrievable Breakdown/Irreconcilable Differences " Actual Abandonment, or " Constructive/Sexual Abandonment, or " Imprisonment, or " Written and acknowledged Separation Agreement after living separate and apart for more than one year, or " Cruel and Inhuman treatment, or " Adultery
Q. How do I know if I qualify as a New York resident?
A.That depends. New York maintains specific "residency" requirements that must be met before a couple can file for divorce within the State.
In order for the court to accept your case, you and/or your spouse must fall into one of the "residency" circumstances outlined below:
1.You were married in NY and either you or your spouse is a resident of NY when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2.You and your spouse have resided in NY as husband and wife and either of you is a resident of NY when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3.The "grounds" occurred in NY and either of you has been a resident of NY for a continuous period of at least one year immediately preceding the commencement of the action, or
4.The "grounds" occurred in NY and both of you are residents of NY at the time of the commencement of the action, or Either of you has been a resident of NY for a continuous period of at least two years immediately preceding the commencement of the action.
Q. What is the advantage of having my soon to be ex-spouse personally served by a third-party process server?
A.If you have your spouse personally served by one of our process servers, then we have proof that he/she received notice of the divorce. This will allow us to finalize your divorce even if your spouse refuses or forgets to sign and return the papers. You might save money without personal service, but your case will expire if your spouse delays signing long enough. Therefore, we suggest that you choose personal service unless you are absolutely sure that your spouse will sign and return the papers to us. By the way, certified mail does NOT offer this protection.
Q. Do you serve all of New York State?
A.Yes, as a matter of fact, we serve almost anywhere in America as long as you have a concrete address to reach your spouse and your case remains uncontested.
Q. What if my spouse refuses to sign the papers after they are served?
A.Generally, in an uncontested matter, after your spouse is served they have the option of signing what is called an "Affidavit of Defendant" which allows the divorce to be immediately placed on the court's calendar, waiving all applicable waiting periods. If, however, your spouse fails to sign, you will be required to wait 40 days after the date of such service in order to proceed with the final steps.
Q. Must I use a process server for service of the divorce papers?
A.Using a process server will ensure that your spouse has been properly served according to state law. Process service also provides the proof of service required to finalize your divorce. If you are certain that your spouse will sign and return the divorce papers then using a process server is not required. Otherwise, to ensure that your case does not expire due to your spouse's failure to sign and return the papers in a timely manner, you may want to use a process server. We will arrange to serve the paperwork for a fee.
Q. If I don't know where my spouse lives can I still get an uncontested divorce?
A.Yes, you can still get an uncontested divorce called a "publication divorce." However, due to the extra filings and procedures involved, there are substantial extra costs, including motion preparation and filing, affidavits by a process server, and court-ordered advertising. Your total will likely be between $3,500 and $4,000. Unfortunately, if you cannot locate your spouse, this is the only way you can get divorced.
Q. Will I need to make any court appearances?
A.As long as your divorce remains uncontested, you will not have to make any court appearances. The only exception is in the rare event that the court orders an inquest, which may be required if there has been any history of domestic violence and/or orders of protection.
Q. What happens if an uncontested divorce becomes contested?
A.This is always a possibility. After your spouse is served with the divorce papers, they can decide to contest the divorce, meaning that they do not agree with the specified grounds, the relief sought, demands for support, or the terms of property division or child custody arrangements. If this happens, then your uncontested divorce becomes contested and it will cost you (and your spouse) significantly more legal fees and time, including court appearances. However, if our firm does decide to take your contested divorce case, our hourly fees are about half the price of most other NY attorneys.
Q. How can I avoid the possibility of my divorce becoming contested?
A.The best way for you to avoid a contested divorce is by arriving at a consensus with your spouse regarding such matters as child support and custody (if applicable), or the terms of property division. If at all possible, you should attempt to involve your spouse in the divorce process as early as possible. This will ensure that he or she is not surprised by your actions and therefore less likely to contest the divorce.
Q. Will anybody have access to the papers filed in court?
A.No. The law prohibits the clerk of the court and the court reporter from allowing anyone, other than a party or the attorney of a party to examine or copy of any of the pleadings, affidavits, findings of fact, conclusions of law, judgment of dissolution, written agreement of separation or memorandum, or testimony. The only way that this rule can be circumvented is by way of court order.
Q. How long will my divorce take?
A.Usually that depends on the level of cooperation we get from your spouse. If you and your spouse have come to an agreement regarding the division of property, child support, custody and visitation, then all that remains is to file a civil uncontested divorce. Although it is not required, the faster your spouse agrees to sign and return the necessary paperwork, the faster it can be finalized and filed. Please be aware that the court has its own time table. Although I, as your attorney will complete and process your divorce documents very quickly, most of the waiting time is simply due to court backlog and lag time. Therefore, if everything runs smoothly, your case usually is finalized in either five or six months. Pay for "peace of mind" -- have a Licensed New York Attorney represent you in your divorce proceeding, for a truly reasonable price. We offer day, evening and weekend appointments. Contact us now to schedule an appointment to discuss your uncontested divorce, or any other legal issue that you may have.
Q. Do I need to have a Separation Agreement or Stipulation of Settlement prepared?
A.A Separation Agreement is a legal contract between spouses that addresses the division of assets and liabilities, as well as any support, maintenance, custody or visitation issues. A separation agreement is enforceable by the courts and may be filed with the county clerk. At the end of one year from the date of the agreement, either spouse may file for divorce based on a one-year separation pursuant to separation agreement.
A Stipulation of Settlement is effectively the same document but generally prepared and filed along with the divorce papers and may be incorporated with the Judgment of Divorce. If you and your spouse have children or any significant assets and/or debt, it is advisable to prepare a stipulation agreement memorializing the terms of your divorce. The stipulation of divorce will provide a comprehensive outline of your agreements concerning all divorce related issues. This document is binding and enforceable by either spouse.
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