FAQ'S

What is an Uncontested Divorce?

 A divorce is uncontested if you have no disputes with your spouse. That means that you have resolved the grounds for
your divorce, custody and visitation of your children, spousal and child support, any other financial issues, property, etc

What is a Contested Divorce?

A contested divorce involves a dispute over children, money, property, grounds for divorce or anything else.

What is a No-Fault Divorce?

Previously, a divorce could only be procured by alleging fault such as cruel and inhuman treatment, adultery, abandonment
or confinement of the defendant in prison (in addition to the parties living apart pursuant to a separation agreement or
judicial decree for more than one year). Yet many people divorce for valid reasons that do not fall under these clas-
sifications. They are forced to invent false justifications to legally dissolve their marriages. False accusations and the
necessity to hold one partner at fault often resulted in conflict within the family The No-Fault provision allows a judgment
of divorce to be granted to either party to a divorce action without assigning fault and/or blame to the other party.

What are the grounds for Divorce in New York?

(1) Cruel and inhuman treatment: Plaintiff's conduct is such that it endangers the defendant's physical or mental well being
and makes it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) Abandonment or Constructive Abandonment for at least one year. Constructive abandonment may involve the
parties living in the same household, but no longer acting as husband and wife.

(3) confinement of the defendant in prison for at least 3 consecutive years.

(4) Adultery: sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant,
with a person other than the plaintiff after the marriage of plaintiff and defendant.

(5) Separation pursuant to a decreet or judgment for at least 1 year. Satisfactory proof has to be submitted by the
plaintiff that he or she has substantially performed all the terms and conditions of the decree or judgment.

(6) Written Agreement of Separation: The agreement shall be filed in the office of the county clerk. In lieu of filing such
agreement, either party can file a memorandum of such agreement, which must be subscribed and acknowledged or
proved as was the agreement of separation and must contain the following: (a) the parties' names and addresses; (b)
the date of marriage, (c) the date of the separation agreement; and (d) the date of the subscription and acknowledgment
or proof of the agreement of separation.

(7) Irretreivable breakdown of the relationship for at least six months:  New York's true No-Fault Provision- Where at
least one party states under oath that there is a breakdown of the relationship for at least six months. The one limitation
is that a judgment of divorce cannot be granted unless and until the economic issues relating to equitable distribution
(property), support (spousal and child), professional fees (counsel and experts) and expenses and custody and visitation
issues are resolved by the parties, or determined by the court.

Q. Do I need to visit your office?
A. Not unless you prefer to meet in person. Office visits are not required at any time. Once we have been retained you
will have an opportunity to consult with one of our matrimonial attorneys by phone or, if you prefer, you may schedule an
in-person meeting at our offices.

Q. How long will my divorce take?
A. 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 payments, custody and visitation, then all that remains is to file a civil
uncontested divorce. That faster your spouse
signs and returns the necessary paperwork, the faster it can be finalized and filed with your local county clerk’s office.
If everything runs smoothly, you may receive a Judgment of Divorce in as little as 4-12 weeks (varies by county) from the
date we file your note of issue, pleadings and signed affidavits.
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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 statutory provisions.
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 (effectively admitting service) then using a process server will not be necessary.
Otherwise, to ensure that your case does not expire due to your spouses failure to sign and return the papers in a
timely manner, we recommend you use a process server.
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Q. What if my spouse refuses to sign the papers after he or she is served?
A. Generally, in an uncontested matter, after your spouse is served he or she has the option of signing what is called a
"Defendant's Affidavit of Consent" which essentially allows the divorce to be immediately placed on the courts calendar,
waiving all applicable time periods. If, however, your spouse fails to sign the "Affidavit of Consent" which will be provided,
you will be required to wait 40 days after the date of such service in order to proceed with the final steps.
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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. We will handle the
entire process via mail, phone, email or fax.
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Q. What happens if an uncontested divorce becomes contested?
A. This is always a possibility. After your spouse is served with the divorce papers, he or she may decide to contest the
divorce. Often times, a divorce may be contested where the defendant spouse does not agree with the specified grounds
for divorce, 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 in legal fees (and time, including court appearances).

Q. I don't know where my spouse lives. Can I still get a divorce?
A. Yes. You can still get a New York uncontested no fault 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 $3000 to $3500. While this may seem like a high cost, be aware
that most of this money goes to the newspaper advertising ordered by the court, not in our pocket. Most other lawyers
do not even offer this service. Unfortunately, if you cannot locate your spouse, this is the only way you can get divorced.

Q. Do you offer payment plans?
A. Yes, but it will cost you a little more ($150). A 50% down payment would be due in order to get your case started.
The balance would need to be paid in one month. If you can, keep your costs low by making payment in full in advance.

How can I get a divorce using a separation agreement?
A separation agreement is a written contract between a husband and wife that divides all the important aspects of the
couple’s lives: care and custody of children, money and property, and more. The husband and wife must be living separate
and apart for a period of at least one year after signing a separation agreement to use it for a divorce. Because these
and many other technical requirements for the contract to be considered a legal separation agreement, it is difficult to
get divorced using a separation agreement unless you have a lawyer.