UNCONTESTED DIVORCE - ALL NEW YORK COUNTIES
LOW FLAT FEES
WHY DO YOU NEED AN ATTORNEY?
People often ask me what I have to offer that they can't get with a paralegal service. Why do they need a lawyer? Unfortunately, some people find out too late that they made a mistake by not seeking legal advice prior to completing the divorce process. Paralegal services cannot offer legal advice. They are nothing more than document preparers. You give them basic information and they prepare documents based on the information you give them. In other words, the documents may be technically correct, but not necessarily right for you. Also, once the documents are prepared, the paralegal service will give you the documents and you are responsible for filing them yourself and many people are confused by the mass of paperwork they are given and the instructions on how to file. Although many resourceful people do their own divorce, for a price equal to that of most paralegal services, you can talk to a lawyer, find out what’s right for you, and get your paperwork prepared and filed with no hassle.
FREQUENTLY ASKED QUESTIONS
What is an uncontested divorce? An Uncontested Divorce is one where both parties are agreeable to getting a divorce, they agree on the grounds for divorce, and all issues regarding equitable distribution, custody and support are already resolved. All that is needed at that point is to complete and sign the necessary paperwork and submit it to the Court.
What is a no fault divorce? As of October 12, 2010, no fault grounds make it possible to get a divorce based on an irretrievable breakdown in the relationship for more than six months, as long as the other collateral issues (such as custody, support and equitable distribution) are resolved.
Do I need a separation agreement? Where issues regarding equitable distribution, custody or support exist, an agreement should be drafted. For example, the court will want to know that your children are being considered and taken care of. If you own a home together, have undivided personal property, debts, pensions, a separation agreement is a good idea. That way, both parties know exactly where they stand and what they are entitled to when the divorce is final. It’’s also a lot easier than litigating these issues.
If I sign a separation agreement, do I have to wait one year to get divorced? No. Once you sign a separation agreement, you can get a divorce based on any grounds that may apply. You can also choose to wait a year and get divorced on the grounds of living separate and apart pursuant to the terms of the separation agreement for more than one year. Either way, the terms of the separation agreement can be incorporated by reference into the divorce judgment.
Why not save money by using a paralegal service? Paralegal services cannot offer legal advice. They are nothing more than document preparers. You give them basic information, they prepare documents based on the information you give them. In other words, the documents may be technically correct, but not necessarily right for you. Also, once the documents are prepared, the paralegal service will give you the documents and you are responsible for filing them yourself. Although many people do their own divorce, for a price equal to that of most paralegal services, you can talk to a lawyer, find out what is right for you, and get your paperwork prepared and filed with no hassle.
What if my spouse won't sign anything? If your spouse will not cooperate, you can commence the action for divorce and then have him/her formally served with the Summons with Notice by a process server. He/she then has twenty (20) days to appear by contacting us. If He/she does not contact us within twenty days, the court will then grant you a divorce by default. In that case, the fee is the same as an uncontested divorce, except that the cost of the process server is extra. This may work if you have reason to believe your spouse won't respond. If, on the other hand, your spouse responds within the 20 day period by serving a written Notice of Appearance, then at that point the divorce may not be uncontested.
I have been separated from my spouse for many years and have no idea where he/she is living. How do we serve him/her? Services are available to attorneys to locate missing people. If that fails, then it may be necessary to get a court order to serve him/her by another method such as by publication or substituted service (on another person of suitable age and discretion).
CALL ME TO ARRANGE FOR A FREE PHONE CONSULTATION
TO DISCUSS AN UNCONTESTED DIVORCE
(518)378-1043
LOW FLAT FEES
WHY DO YOU NEED AN ATTORNEY?
People often ask me what I have to offer that they can't get with a paralegal service. Why do they need a lawyer? Unfortunately, some people find out too late that they made a mistake by not seeking legal advice prior to completing the divorce process. Paralegal services cannot offer legal advice. They are nothing more than document preparers. You give them basic information and they prepare documents based on the information you give them. In other words, the documents may be technically correct, but not necessarily right for you. Also, once the documents are prepared, the paralegal service will give you the documents and you are responsible for filing them yourself and many people are confused by the mass of paperwork they are given and the instructions on how to file. Although many resourceful people do their own divorce, for a price equal to that of most paralegal services, you can talk to a lawyer, find out what’s right for you, and get your paperwork prepared and filed with no hassle.
FREQUENTLY ASKED QUESTIONS
What is an uncontested divorce? An Uncontested Divorce is one where both parties are agreeable to getting a divorce, they agree on the grounds for divorce, and all issues regarding equitable distribution, custody and support are already resolved. All that is needed at that point is to complete and sign the necessary paperwork and submit it to the Court.
What is a no fault divorce? As of October 12, 2010, no fault grounds make it possible to get a divorce based on an irretrievable breakdown in the relationship for more than six months, as long as the other collateral issues (such as custody, support and equitable distribution) are resolved.
Do I need a separation agreement? Where issues regarding equitable distribution, custody or support exist, an agreement should be drafted. For example, the court will want to know that your children are being considered and taken care of. If you own a home together, have undivided personal property, debts, pensions, a separation agreement is a good idea. That way, both parties know exactly where they stand and what they are entitled to when the divorce is final. It’’s also a lot easier than litigating these issues.
If I sign a separation agreement, do I have to wait one year to get divorced? No. Once you sign a separation agreement, you can get a divorce based on any grounds that may apply. You can also choose to wait a year and get divorced on the grounds of living separate and apart pursuant to the terms of the separation agreement for more than one year. Either way, the terms of the separation agreement can be incorporated by reference into the divorce judgment.
Why not save money by using a paralegal service? Paralegal services cannot offer legal advice. They are nothing more than document preparers. You give them basic information, they prepare documents based on the information you give them. In other words, the documents may be technically correct, but not necessarily right for you. Also, once the documents are prepared, the paralegal service will give you the documents and you are responsible for filing them yourself. Although many people do their own divorce, for a price equal to that of most paralegal services, you can talk to a lawyer, find out what is right for you, and get your paperwork prepared and filed with no hassle.
What if my spouse won't sign anything? If your spouse will not cooperate, you can commence the action for divorce and then have him/her formally served with the Summons with Notice by a process server. He/she then has twenty (20) days to appear by contacting us. If He/she does not contact us within twenty days, the court will then grant you a divorce by default. In that case, the fee is the same as an uncontested divorce, except that the cost of the process server is extra. This may work if you have reason to believe your spouse won't respond. If, on the other hand, your spouse responds within the 20 day period by serving a written Notice of Appearance, then at that point the divorce may not be uncontested.
I have been separated from my spouse for many years and have no idea where he/she is living. How do we serve him/her? Services are available to attorneys to locate missing people. If that fails, then it may be necessary to get a court order to serve him/her by another method such as by publication or substituted service (on another person of suitable age and discretion).
CALL ME TO ARRANGE FOR A FREE PHONE CONSULTATION
TO DISCUSS AN UNCONTESTED DIVORCE
(518)378-1043