Toll Free Number: 800-319-3639
Divorces FAQs

  1. Can I file for divorce in New York if we were not married in New York?
    Residency requirements does not require that the parties have married in New York state, at least one party must live in the state at the time of filing.


  2. What if my spouse agrees to the Uncontested Divorce, can one lawyer represent both of us?
    If there is an agreement between the parties in an Uncontested Divorce, each party should consult with a separate attorney to protect their respective interests.


  3. What if I cannot locate my spouse?
    If you cannot locate your spouse for service of the divorce papers, you must consult with an attorney to request "substituted service" from the court.


  4. Can I get an annulment instead of a divorce?
    Getting an annulment in New York is very difficult. If you don't have legal grounds for divorce, you may want to file a separation agreement for the one year period and then convert to an Uncontested Divorce.


  5. Is there any way to speed up the divorce process?
    Uncontested Divorce is usually the quickest method for divorce. The process may be expedited if you hire an attorney.


  6. Should I hire an attorney or paralegal service for divorce support?
    You should hire an attorney for an Uncontested Divorce if there are some issues that need explaining or that you are not clear on. Paralegal services are not attorneys and should not substituted for the expertise of an attorney.


  7. Do I have to go to court for an Uncontested Divorce or Contested Divorce?
    Court appearances are not required for Uncontested Divorce, but for Contested Divorces there may be several court appearances.


  8. Can an Uncontested Divorce become a Contested Divorce?
    An Uncontested Divorce may become contested if there is merely one issue the parties cannot agree on.


  9. I am considering a divorce, how can I prepare for it?
    When preparing for divorce one should gather all financial document (including paystubs, tax returns, etc.): compile a list of all assets (including deeds, stock certificates, etc.) and getting pertinent information regarding the child(ren).


  10. What if my spouse does not want a divorce, can I still get one?
    As long as there are legal grounds for a divorce, both parties do not have to agree on getting a divorce. Although one spouse may prolong the divorce process, he/she may not totally prevent the other spouse from obtaining a divorce.

Contact our office to get a free phone consultation.