HOW LONG WILL IT TAKE TO BE DIVORCED?
This is the number one question that I am asked. Once my office has received your information and payment, I immediately begin your divorce. I prepare the documents and make all of my submissions promptly. However, there are other matters beyond my control which help to determine the length of time it will take before you receive your divorce decree:
•The length of time it takes for the County Clerk to issue an Index Number
•The amount of time it takes for your spouse to sign and return the documents I serve
•The time it takes for the County Clerk to process the RJI Request and Note of Issue
•The amount of time it takes for the Court to sign the Judgment of Divorce
I RESIDE IN A DIFFERENT COUNTY IN NEW YORK FROM YOUR OFFICE. CAN YOU REPRESENT ME?
Yes. I provide divorces throughout New York State providing your divorce is a Mutual Consent/Uncontested Divorce. This means, both you and your spouse are consenting to a divorce AND, you and your spouse are agreed upon any issues that may be present in your divorce such as; custody, child support, maintenance, retirements, or property.
DO I NEED GROUNDS FOR A DIVORCE?
You no longer need grounds for a divorce in New York State. You may now file a “no fault” divorce which is termed “Irretrievable breakdown in relationship”.
WHAT IS A SEPARATION OR DIVORCE AGREEMENT?
A Separation or Divorce Agreement specifies the terms of your separation or divorce. For example an Agreement usually addresses the following issues:
Custody and Visitation of the minor children
Support of the minor children
Division of Marital Property (both real property and monetary assets)
Division of Marital Debt
Determination of Separate Property and Marital Property
Pension or Retirement Rights
Such an Agreement may be used if you and your spouse simply want to separate and are not prepared to actually divorce, or it may be used as the basis for a divorce agreement.
IF WE SIGN A PROPERTY AND SEPARATION AGREEMENT, DO WE HAVE TO WAIT ONE YEAR BEFORE WE DIVORCE?
No you do not have to wait one year before filing for a divorce. And you do not have to actually separate if you plan to file for a divorce immediately.
Most people seeking a divorce will obtain a Separation or Divorce Agreement and then immediately file for a divorce. The Agreement becomes the actual divorce settlement.
WHAT ARE THE RESIDENCY REQUIREMENTS TO BE DIVORCED IN NEW YORK?
There are a few ways to meet the residency requirement of New York State:
Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
WHAT IS THE PROCESS FOR GETTING DIVORCED?
Once I have received all the necessary information from you and I immediately begin the process of divorce. First, under the New York State Divorce Law, I must submit a Summons for Divorce to the County Clerk's office and purchase an Index Number. Once I have received the Index Number, I must have your spouse properly served with the divorce summons along with a documents for your spouse to sign which allows you to go forward with the divorce without any waiting period.
Next, I will prepare all the other paperwork that must be submitted. Some of these documents will require your signature. I will send to you any documents that require your signature. Once you have returned the documents with your signature, AND your spouse has returned the documents I have sent that required his or her signature, I submit all of the necessary documents to the Court, including a Judgement of Divorce that a Judge will sign. Once a Judge has signed the Judgment of Divorce, I will send you and your spouse a certified copy of your Divorce Decree.
WHAT IS A CONVERSION DIVORCE?
A Conversion Divorce is used when you and your spouse have already execute a formal Separation Agreement and both parties have complied with the terms of the Agreement and you have lived apart for a period of one year. You may then use this Agreement as the basis for your divorce settlement by converting it into a divorce without the necessity of claiming “grounds” for the divorce.
You will recieve prompt, professional and efficient service.
Let's Begin Your Uncontested Divorce
Toll Free: 1-888-275-0877
Becky Caruso, Esq., An Experienced, New York Divorce Attorney
Providing Mutual Consent-Uncontested Divorces, Legal Separations & Prenuptial Agreements For A Flat Fee Throughout New York State.
Reliable, Prompt, Knowledgeable