Frequently asked questions.
Q. What is difference between a contested and uncontested
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
Q. Are there any restrictions for this price?
Yes, the restrictions are as follows:
- The divorce is handled 100% online. There are no office
- You must know where your spouse lives.
- You and your spouse must be willing to sign & notarize papers by mail or
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
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.
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
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
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
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
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
Can't find the answer to your question? Call
or email today to discuss your case. (212) 913-9907.
Or start your case
now by completing our application (click here).
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