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Frequently asked questions.


Q. What is difference between a contested and uncontested divorce?
A.
In an uncontested divorce, both spouses agree on all issues, including child custody, property, pensions, debts, and support. In a contested divorce, the spouses disagree on issues such child support/custody, property, pensions, debts, and spousal support.

Q. How does the uncontested divorce process work?
A. To begin your uncontested divorce, you'll need to fill out the form located here. Then we'll contact you to review your case and make payment arrangements. After your payment is received, we will prepare and file the Summons and send your spouse papers to sign by the method you choose (in-person, email, or mail). After your spouse signs his or her papers, you will need to sign the final papers for filing with the court. We can handle this by mail or email. After that, it's just a matter of waiting for the court to issue the judgment.

Q. Are there any restrictions for this price?
Yes, the restrictions are as follows:

- The divorce is handled 100% online. There are no office visits required.
- You must know where your spouse lives.
- You and your spouse must be willing to sign & notarize papers by mail or email.

Q. How does the contested divorce process work?
A. If you've been served with divorce papers, you need to call us right away. There are time limits to respond, and if you fail to meet the deadline, your spouse may be able to get a default judgment against you. If you intend to start a case in which you know your spouse will contest, contact us to discuss options and procedures.

Q. How long will my New York uncontested no-fault divorce take?
A. Usually *about* 90 days from the time we receive signed papers from both spouses. We have several tips to make your divorce go faster. We also have some additional options for a fast New York divorce. Click here for more info.

Q. What if my spouse refuses to sign the papers?
A. You can still get your New York uncontested no fault divorce without your spouse's cooperation, but there will be an extra legal fee. We will also have to have your spouse personally served (extra charge, unless you have a friend or relative do it for you). Then we wait the required 40 days from the date of service to proceed as a "default" by your spouse.

Q. Will I need to go to court?
A. If your divorce remains uncontested, you will not have to go to court at all. In fact, you do not even need to come in to our office. Ever. We handle the entire process by mail, phone, email, etc. 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. An inquest also requires an extra legal fee.

Q. Do you offer payment plans?
A. Upon checkout, you can opt to pay via BillMeLater, a Paypal financing service.

Q. What happens if a NY uncontested divorce becomes contested?
A. This is always a possibility. After your spouse is served with the divorce papers, he or she can decide to contest the divorce, meaning that they do not agree with support, property, or custody issues. If this happens, then your uncontested divorce becomes contested and it will cost you (and likely your spouse) significantly more legal fees (and time, including court appearances). However, if you make less than your spouse, the new law may require them to pay your legal fees! Contact us for more info.

Q. I don't know where my spouse lives. Can I still get a divorce from a divorce attorney New York?
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 I need to have my spouse served?
A. No, not if you are sure that your spouse will sign. If you know that he won't, or if you have doubts, we should have your spouse personally served. This way 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 & return the papers. You might save money without personal service, but your case will expire if your spouse delays long enough. Therefore, we suggest that you choose personal service unless you are absolutely sure that your spouse will sign & 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 long as your case remains uncontested. Since all documents and communications are handled via phone & email, we can help you no matter where you live in New York. We provide cheap no fault divorce in NY and all over the state, including Buffalo, Rochester, Syracuse, Albany, and elsewhere.

Can't find the answer to your question? Call or email today to discuss your case. (212) 913-9907.

info@nycdivorcecenter.com

Or start your case now by completing our application (click here).

 

 

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Brodsky LLC, Attorneys at Law - 305 Broadway, 14 Fl. - New York, NY 10007 - (212) 913-9907 - info@nycdivorcecenter.com

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