The Buffalo New York Lawyer

Uncontested Divorce NY (Default Divorce)

01/06/09 @ 05:50:48 pm by admin

Uncontested Divorce or Default Divorce is the most inexpensive and discreet way for people to obtain a divorce in the State of New York. It only works, however, when both parties are in agreement about the terms of the divorce (or the Defendant fails to answer the Summons in the case of default divorce). Such terms include: custody, child support, maintenance (formerly called alimony), and distribution of marital assets.

What are the advantages?

a) Neither party will be required to appear in court.

b) Low cost

What are the disadvantages?

a) It is not fair if one spouse dominates the other in the negotiation process.

b) Will not work if the parties are unable to talk rationally with one another about settlement.

c) Only one party is represented by an attorney.

How It Works?

The first thing you need to know about uncontested divorce is that the lawyer you get to do your uncontested divorce cannot represent both of you. Typically the lawyer will meet with the party that initially made contact and enter into a retainer agreement. The lawyer will work with that party to draft an agreement that is likely to be acceptable to both parties. The lawyer will also produce additional documents that the unrepresented party will have to sign to avoid going to court.

After the documents are produced, the client will deliver the proposed document's to the unrepresented party for review. If the unrepresented party feels uncomfortable signing the papers he or she is encouraged to hire a lawyer for the purpose of reviewing the papers. Once the parties are both satisfied with the proposed papers the divorce agreement is executed by both parties and the unrepresented party executes the documents necessary to avoid going to court.

Once the unrepresented party executes the documents more documents are prepared by the represented party and submitted to the court for review and signature.

How long does it take?

Uncontested divorce can happen faster than people realize. I once obtained a divorce for a couple in twenty (20) days, but it usually takes six (6) to twelve (12) weeks if there are no complications.

How much does it cost?

The minimum expenses and court costs for an uncontested divorce in the State of New York are about $350.00 (does not include attorney fees).

The attorney fees for uncontested divorce vary widely. Some lawyers charge as much as $2500.00, and others advertise that they can do it for as little as $250.00 (they usually don't mention the costs).

In general, beware of the lawyer who charges $250.00 because he or she will likely have organized his or her practice around an extremely high volume of divorces and relatively little time will be spent with individual clients, and he or she will expect to increase the fee if children are involved, if any significant assets or unusual debts are involved, or if anything else about the divorce requires that he or she spend significant time on the divorce.

Also beware of the cheap "do it your self" internet divorce companies because you will most certainly be doing all the work with little or no direction. In the end you will wind up paying a lawyer to fix your mess after the court rejects your papers. Remember, if it sounds to good to be true it is, and there is no such thing as a free lunch.

In addition, please understand that there may be additional costs and attorneys fees associated with real estate transactions and other transactions necessary to complete the terms of the agreement that are not included in the price for divorce.

My rates for an uncontested divorce are as follows:

Minimum Costs:
$350.00 (index number, RJI, note of issue, dissolution, certified copies)

Attorneys fee:
Range $800 to $1500.00 (depending on the circumstances)

Need a Divorce Lawyer?

If you need a Divorce Lawyer please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

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If you want to get more information on Uncontested Divorce, click HERE to go to my other website devoted entirely to the subject of Uncontested Divorce;

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If you want to get started on your Uncontested Divorce Now, click HERE to make a secure payment.

Divorce in NY

01/06/09 @ 05:47:24 pm by admin

Who is eligible?

In order to file for divorce in New York state you must meet the residency requirements. You may file for divorce in New York State if:

1) You or your spouse has lived in New York State for the last two years and continues to reside in NY; OR

2) You and your spouse live in New York at the time you file for divorce and the grounds for divorce occurred in New York; OR

3) You or your spouse has lived in New York State for the last one year, AND; a) The two of you were married in NY, OR; b) The two of you lived in New York during your marriage, OR; c) The grounds for divorce occurred in NY.

What are the grounds for divorce in NY?

NY is one of the few states that continues to require grounds for a divorce (other states have no-fault divorce)

The Grounds in NY are as follows:

1) Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.

2) Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.

3) Three Years Imprisonment - Spouse has been in jail for three consecutive years.

4) Adultery – Third Party Proof Required.

5) Conversion - live separate and apart for one year pursuant to separation agreement or judicial order.

What does a divorce accomplish?

1) Disolves the marriage

2) Determines Custody, Visitation, and Child Support

3) Divides Marital Estate - Those items of property obtained during the marriage.

4) Determines Spousal Maintenance (Alimony)

5) Orders of Protection

6) Exclusive use and ocupancy of the marital residence.

7) Name Change - Allows a party to go back to prior surname or maiden name

How much does a divorce cost?

It depends whether the divorce is contested or uncontested (whether the parties agree or not).

In all divorces the minimum expenses and court costs for a divorce in the State of New York are about $350.00 (does not include attorney fees).

Uncontested Divorce:

The attorney fees for uncontested divorce vary widely. Some lawyers charge as much as $2500.00, and others advertise that they can do it for as little as $250.00 (they usually don't mention the costs).

In general, beware of the lawyer who charges $250.00 because he or she will likely have organized his or her practice around an extremely high volume of divorces and relatively little time will be spent with individual clients, and he or she will expect to increase the fee if children are involved, if any significant assets or unusual debts are involved, or if anything else about the divorce requires that he or she spend significant time on the divorce.

Also beware of the cheap "do it your self" internet divorce companies because you will most certainly be doing all the work with little or no direction. In the end you will wind up paying a lawyer to fix your mess after the court rejects your papers. Remember, if it sounds to good to be true it is, and there is no such thing as a free lunch.

Contested Divorce:

The attorney fees for a contested divorce vary widely depending on the circumstances. Some lawyers require an initial retainer of $5,000.00 or more, while others as little as $2500.00.

Other Costs

In addition, please understand that there may be additional costs and attorneys fees associated with real estate transactions and other transactions necessary to complete a divorce whether it is contested or uncontested that are not included in the price for divorce.

My rates for an uncontested divorce are as follows:

Minimum Costs:
$350.00 (index number, RJI, note of issue, dissolution, certified copies)

Attorneys fee:
Range $800.00 to $1500.00 (depending on the circumstances)

My rates for a contested divorce are as follows:

Usually a $2500.00 retainer if you are the Plaintiff (the one that brings the action), and $1000.00 if you are the Defendant.

Need a Divorce Lawyer?

If you need a Divorce Lawyer please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.