Divorce is a common term used in every day conversation. The more accurate term for divorce in New York is dissolution of marriage. New York divorces can be broken down into three general categories: (1) the first and most common is uncontested divorce; (2) second is a contested divorce; (3) and collaborative divorce. Each New York divorce is unique and each type of divorce requires different procedures be followed in order to obtain the divorce. However, all New York divorces begin the same way.
How do I begin a New York Divorce?
A New York divorce begins with one of the spouses filing a Petition for Dissolution of Marriage with the appropriate circuit court. Dissolution of marriage is granted by a circuit court judge by way of a Final Judgement for Dissolution of Marriage. It is the judge signing the Final Judgement for Dissolution which is the Order (not the filing of the petition with the circuit court) that legally ends the marriage. In addition, the Final Judgment explains how property and debts are to be divided. If children are involved the Final Judgement for Dissolution of Marriage will incorporate a Parenting Plan that outlines the amount of shared time the child or children have with each parent.
What are the grounds for divorce in New York?
New York is a “no fault” state and the only requirement is that both spouses agree that there are irreconcilable differences.
How long does divorce take in New York?
New York requires at least twenty days pass from the filing of the petition with the court before a judge can sign the final judgment . This 20 day period is known as a “cooling off” period and intended to allow you and your spouse time to change your mind. In an uncontested divorce you and your spouse reach an agreement on the terms of your divorce. As such, you simple need to complete the minimum steps which are: (1) filing the Petition for Divorce with the court and (2) finalizing the divorce by having the judge sign the Final Judgment for Dissolution of Marriage In other case types the actual time to reach the signing of the final decree can vary greatly. It largely depends on the actions of your spouse, the legal strategy of any attorneys representing you or your spouse, whether additional legal steps are needed or required, and the court’s case schedule. For example, if your spouse hires an attorney for full representation the attorney may wish to complete investigations, conduct depositions, request discovery, obtain temporary court orders, etc. In addition, you and your spouse may decide to or be required to attend mediation before scheduling certain court hearings.
What is the fastest way to dissolve a marriage in New York?
An uncontested divorce is less complicated, least expensive and quickest way to legally end a marriage in New York. With an uncontested divorce you and your spouse reach an agreement on the issues and terms of your divorce. This eliminates high legal costs and time delays in relying on the judge to make the decisions for you. An uncontested divorce agreement should determine how you and your spouse will divide your property, assets, debts, and if you have children, make determinations on how child support, child custody and visitation are to be handled. By reaching these agreements, you and your spouse can save thousands and even tens of thousands of dollars on legal costs compared to a traditional contested divorce where these matters are litigated before the court and the judge makes the decisions.
What’s special about New York Divorce Online?
Our website is truly unique as it allows you to begin your uncontested divorce process 100% online and to completed your agreed divorce without having to visit the court. Simply answer questions online then mail your paperwork to the court for processing. Wait about three weeks and receive your court approved divorce. It’s that simple!
Most important, unlike other websites the paperwork you receive via this website can be reviewed online by a duly licensed and experienced New York family law attorney. This extra precaution ensures you get professional, competent, and legally accurate assistance with your divorce paperwork.
What does New York Divorce Online provide?
Our service includes online access to our easy-to-use online interview. The online interview allows you to answer a series of simple questions which explains your personal situation, circumstances and agreements reached with your spouse. Once you submit your answers a case attorney reviews your responses then drafts all the case documents needed for your personal situation, circumstances. The case attorney drafts all the legal language necessary to reflect your agreements with the spouse. Some agreements couples come up with may not be legal or unlikely of being approved by a judge. In such cases, the case attorney will alert you. The case attorney can suggest alternative language that complies with New York laws. By drafting the documents accurately you can ensure agreements will be accepted by the judge and that the judge will sign your final decree of divorce. The divorce documents you receive not only includes the petition for divorce but also the final decree of divorce as well as all the coversheets, forms and other documents required by your local circuit court. By using New York Divorce Online you are assured that you receive complete and legally accurate case documents that you can use to finalize (complete) your uncontested divorce case. This distinction is very important. All the non-attorney services you may see online use generic documents that may not be accepted by the judge as a final divorce decree.
Don’t be fooled.
The internet is filled with many companies looking to make a money by selling divorce documents. Carefully review any website and note that most all have the same service guarantee. You will discover that they only “guarantee” that the court will accept your initial documents (petition for divorce) needed to start your case in the court system. They DO NOT guarantee the legal accuracy of the final decree of divorce or related final documents required by the judge to finalize (complete) your divorce. Think about, the court staff (clerk) that accepts the petition needed to start your case only reviews the documents to the extent of ensuring you have all the basic documents needed to start your case with the court. The court clerks aren’t attorneys and can’t by law review your documents for legal accuracy. Therefore, when your Final Judgment for Dissolution goes before the judge it is only then that you discover that your decree and related documents are insufficient to dissolve your marriage. When this occurs the judge may become irate. The judges are busy and usually will not fix your documents for you. As such you will have to prepare a new document that satisfies the judge before the judge will sign it. This common scenario will delay your case and delay you having your marriage dissolved.
Is there anything else I should consider?
Yes. In addition to complete, legally accurate case documents drafted by New York lawyer specifically for your situation and circumstances the New York Divorce Online case attorney also prepares detailed step-by-step instructions for you. You follow these instructions to finalize your divorce with your local district court. Unlike company, non-attorney websites or paralegal services, New York Divorce Online provides legal support. Non-attorneys are not allowed to answer your legal questions, coach you, or advise about the law or how it applies to your case. If done by a non-attorney this is known as the practice of law without a license and a crime in New York. Think about it, it is similar to a non-doctor performing surgery without a medical degree and license. Most important to note, a non-attorney cannot draft legal language to customize your documents to reflect your agreements with your spouse. This act is also considered the unauthorized practice of law in New York. Because of this unauthorized practice of law prohibition most non-attorneys and company sites provide no support whatsoever; they simply type your information into generic documents and leave the rest to you to figure out. They certainly aren’t there to support you when the judge is upset with you because your final decree is incomplete or inaccurate. We can summarize our service this way: our online attorneys are here to help you and answer your questions. We provide complete case documents, and accurate instructions specifically for your situation
What does it cost to use New York Divorce Online?
Our service is superior and the price is less than most company, non-attorney websites and much less than other New York family law attorneys. The total cost of our service is only $245. Payment plans are available. We are proud to offer our unique online attorney service at a lawyer-free price. See if you qualify to use New York Divorce Online for your uncontested divorce in New York.
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