NY uncontested divorce procedure

If you are filing for divorce in NY the process for getting a no fault uncontested divorce is relatively simple.  If your internet search leads you to call me, we will have a brief telephone interview so that I can find out  if you have satisfied the New York State residency requirements. I then email you an online questionnaire and if you wish I will also set up a prompt appointment for you to come down to my conveniently located downtown offices.

No office visit is required

If you are not presently living in NY (but your spouse is) we can usually avoid your having to make a trip to my office, although I do like to meet people face to face if at all possible. However I do understand that some people consider a no contest divorce to be a simple matter and they wish to avoid taking off time for work for an office visit. I am able to accomodate such requests, since nowadays everything can be done over the phone, by email, or by “snail” mail (which mail is usually delivered within 1 or 2 days in the NYC metropolitan area).

If we do meet in person, (or otherwise over the phone) I will spend a little time determining if an uncontested divorce is really right for you. Assuming you wish to hire me, I will ask you to sign a retainer agreement.  I accept personal checks, but if you are in a real hurry you should pay me by money order or certified check. I also accept cash.  As of now, I am not set up to accept  credit cards, but that may change in the near future.

Prompt and careful attention by me avoids mistakes & delays

Once I have been retained, based upon the information from the questionnaire and from my interview,  I will prepare all of the necessary papers,  using special software which automatically detects and avoids errors, and is constantly updated to reflect any changes in the law.  Once I have prepared all of the necessary paperwork, I send you all the papers that you and your spouse need to sign. Once you get all the papers back to me properly signed and notarized,  I look them over carefully to make sure that everything has been done correctly, and then I file them with the Court. You do not have to go to court.
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If your spouse resides in another country you can still get a NY uncontested divorce so long as he or she is able to get to the American Consulate to have the defendant’s affidavit notarized.

I always follow up with the court to make sure that everything goes through promptly

Once I have submitted all of the papers I then calendar the case ahead about 8 to 10 weeks. If I have not heard from the court by then I will call the court to find out the status. Once the court has signed the papers  I go to court to get a copy of the judgment. You may want to get a certified copy of the judgment as this will be necessary if you ever have to prove that you are divorced (available for a small fee). I then serve a copy  on your spouse and then I also send you your copy. I also file a copy of the judgment with proof of service with the Court. This goes into the Court file. You are then divorced.

Having done this for a good while, I understand that there are situations where you are pretty sure that your spouse will ultimately agree to the divorce but you either cannot deal with them yourself or really don’t want to. In these situations I can negotiate with your spouse on your behalf for a reasonable hourly fee, and if I am able to broker an agreement the divorce can go through as uncontested.

If you can’t find your spouse it is still possible to get divorced, although the process will take longer, and unfortunately, will be more expensive. In this situation a “dilligent search” must first be performed to the satisfaction of the Court and then your spouse can be served by publication of the papers by filing in a newspaper. It is almost always cheaper and easier to find your spouse if at all possible, even if you have to use a private detective to find them.

Why not get started today? Call me, Paul Matthews at (347)461-0760.