FAQ’s

UNCONTESTED DIVORCE CASES

Q: What is an uncontested divorce?
A: In an uncontested divorce both parties have agreed to get divorced and they have worked out all of the issues in the divorce, which could involve distritution of property, alimony, custody of children, etc.

Q: How long does it take for a NY uncontested divorce to go through?
A: Once all of the papers are submitted to the court, generally around 8 to 12 weeks.

Q: What if I can’t find my spouse?
A: A divorce is still possible but will be much more expensive. Someone has to do what is called a “dilligent search” for your spouse and if your spouse still cannot be found a motion must be made asking the Court to  give permission to publish papers in a newspaper (service by publication). It is often cheaper to hire a private detective to find your spouse.

Q: What if my spouse is out of the country?
A: It is still possible to get an uncontested divorce. Your spouse will have to go to the American Consulate to have the papers “notarized”.

Q: Can the same lawyer represent both me and my spouse?
A: NO! This would be unethical. For this reason I do not like to even have both spouses come to my office together.

Q: What if there is property involved or there are childlren involved and we can’t agree about everything- is a no contest divorce still possible?
A: Yes, I can represent you and negotiate with your spouse. You can also go to divorce mediation.

Q: If my divorce is simple, can’t I save money and do it myself?
A: You can but you may make a lot of mistakes and it may take a long time to get it right- plus you may suffer a lot of aggravation. For these simple uncontested divorce cases  I charge only $500.00 (plus court costs that you have to pay anyway).

GREEN CARD THROUGH MARRIAGE CASES

Q; Can I get my Green Card if I marry a US Citizen but I am in the US illegally?
A: It depends on what you mean by “illegally”. If you entered the US without being “inspected” (i.e. you snuck accross the border) you cannot adjust your status but must leave the US and re-epply. However depending on how long you have been in the US illegally there are statutory waiting periods before you can come back to the US. If you entered the country legally (after “inspection”) and you have overstayed your VISA you can still get your Green Card through marriage in most cases.

Q: What are the “red flags” the examiner will look for at the green card interview?
A: Unfortunately they are potentially as unlimited as the prejudices and small mindedness of the examiner (but not all examiners are prejudiced or small minded). However some obvious and recurrent ones are: spouses are of different races, spouses have different religions, spouses do not live together, there is a big age difference between spouses, especially where the wife is older, spouses are not able to communicate fluently in any common language, spouses just don’t “look like” a couple. An experienced  NY immigration lawyer will help you prepare for the interview.

Q: How long does the process take?
A: It depends on what part of the country you are in, the volume of other applications, and how long it will take you to gather all the documents that you need for your application such as certified copies of marriage license, birth certificates, etc. However it may be possible to complete the process and get your Green Card in less than 6 months.

SMALL CLAIMS CASES

Q: Should I choose an arbitrator or a judge for my small claims case?
A: It depends (Sorry!). If you choose a judge you are likely to have to come back several times. If you choose an arbitrator it is likely that all of the rules of evidence will go out the window which could be a good thing or a bad thing depending on whether you are a plaintiff or a defendant and what evidence each wants to put in.

Q: What if I have a legal defense, can I see a judge without having to come back again and again?
A: If you have a true legal defense (such as the statute of limitations) you can make a written motion to dismiss the case which the judge will often hear and decide on the first night.

Q: If I choose to have my small claims case heard by an arbitrator and lose, can I still appeal?
A: Almost never. Perhaps if you found out that the arbitrator is married to the other party or something like that.

Q: If there is no right to appeal why would anyone choose to go with an arbitrator?
A: Aside for the fact that you will get your case over (in almost all cases) on the first night, an appeal is typically very expensive. Also  most appeals are not successful anyway, and  you will almost certainly have to hire an attorney an appeal is almost never a realistic option. The exception is if you are an attorney yourself.

Q: I live out of state. Do I have to come to NY in person for my small claims case?
A: Almost certainly yes. As far as I know no NYC small claims court allows telephone appearances. If you are the owner of a company and have an employee who has full knowledge of the facts you might be able to send that person. If you are a defendant and have a legal defense an attorney could appear on your behalf to argue the Motion to dismiss the case or could at least cross-examine the plaintiff’s witnesses. Your chances of winning would likely be less, though.

Q: I was never served and there is a default judgment. Can I do anything about it?
A: yes, you can make a motion to re-open the case

Q: Is such a motion likely to work?
A: yes, these motions are liberally granted in NYC Small Claims Court. Sometimes “I was sick” is enough.

Q: Why would I want to hire a lawyer for a small claims case- isn’t it designed so that I can go alone?
A: If you’ve never tried a case you might not be good at it. Cross examination of witnesses is particularlly difficult for non- lawyers (and even for many lawyers). If there is real money involved (and to me $5000.00 is still real money), it might make sense to hire a lawyer if you can afford one. My fees start at $300 per night.

I offer a free no obligation telephone consultation on all small claims cases. Call me anytime.
Paul Matthews Esq. (347) 461-0760