What is an “Uncontested” Divorce?
UNCONTESTED means, that all the terms of the divorce are agreed upon between "you and your spouse” (prior to the filing of documents), and that your spouse will not bring you into Court for any reason (i.e. child support, spousal support, or etc.).
How long does it take for an Uncontested Divorce to be completed?
An Uncontested Divorce normally can take up from 6-8 weeks to 3 months (or Longer) depending on the following two (2) factors below:
First, how quickly can your spouse return the necessary document(s) to you (i.e. AFFIDAVIT OF DEFENDANT) and Second, how busy is the Court upon filing the remaining batch of documents to place the matrimonial action on the Uncontested Calendar.
Will I ever be required to go to Court?
Normally, if your divorce remains "UNCONTESTED" (and the Court does not have a question), then you will not have to go to the Court. Your entire divorce, from the beginning to the end is ALL done on paper and those papers are filed in Court.
Note: If your spouse decides to NOT agree with any terms of the Uncontested Divorce (i.e. the specified ground or relief sought), then your divorce is no longer Uncontested, and you may have to go to Court.
Do I need a "Social Security Number" to obtain a divorce?
YES YOU DO! Per the Court rules, a Social Security Number is required for you, your spouse and your child(ren).
NOTE: Depending on your reason(s) for not providing a Social Security Number, will determine whether or not the Judge (or Referee) will accept your case. Your explanation will be inserted into an AFFIDAVIT (which you will sign before a notary). The AFFIDAVIT will be filed with your divorce papers. If you want APS to draft the AFFIDAVIT for you, it is a fee of $52.32.
Do I need to have my "Spouse's Address" to obtain a divorce?
YES YOU DO! Per the Court rules, you need to provide your spouse's Physical Address (not a PO Box address) to obtain a divorce.
NOTE: You do not need your spouse's Physical Address to start the divorce process however, you will need your spouse's Physical Address by the time the SUMMONS WITH NOTICE is ready to be filed in Court.
How much time do I have to file ALL the divorce documents in Court?
Per the Supreme Courts (in the State of NY), you have approx. (1) year from when the SUMMONS WITH NOTICE was filed in Court, to file ALL the remaining batch of documents. Failure to do so, may result in your case being dismiss.
NOTE: This means that if you do not file ALL the divorce documents in Court prior to the (1) year expiration from when the SUMMONS WITH NOTICE was filed, then you may have to start your divorce all over again (as if it is a brand new case), which includes paying the fee(s) all over again as well.
To determine if you have more or less time than the (1) year (as explained above), you should contact the Matrimonial or County Clerk's Office (this is the office that all your divorce papers will be filed in).
If I was married in another State (or Country), can I still get a divorce in the State of New York?
YES! As long as you qualify for the two (2) requirements indicated below.
What are the Two (2) "Requirements" to file for a divorce in New York State?
In order to file for a divorce in New York State, the following two (2) requirements have to be met. You have to qualify for one of the "GROUNDS FOR DIVORCE" and one of the "RESIDENCY REQUIREMENTS".
If I don't live in the State of New York, can I still get a divorce?
YES! As long as your spouse has resided in New York State for a continuous period in excess of one year immediately preceding the commencement of the divorce AND can meet one (1) of the other requirements listed in the "Residency Requirements" section.
Do we have to meet up in person to process my divorce?
NO! We do not have to meet up. No Office Visit Is Required. Your divorce can be process by E-mail and Regular Mail (via USPS) to obtain your signature! This is also called DIVORCE BY MAIL.
VERY IMPORTANT UPDATE: As a result of COVID-19, you now have TWO OPTIONS to choose from, to have your divorce filed in Court. You can do a DIVORCE IN PERSON or DIVORCE VIA E-FILE.
Do I need to provide a copy of my marriage certificate to get a divorce?
NO! You do not need to provide APS with a copy of your marriage certificate. You only have to provide the information contained on the marriage certificate.
Will I be able to change my Married Name (surname name) back to my Maiden Name?
YES! APS will change your married name back to your Maiden Name.
Do You Handle SAME-SEX MARRIAGE?
YES WE DO! To start the divorce proceedings, click here.
Do I need a divorce attorney (lawyer) to handle my divorce?
NO! You do not need the services of a divorce attorney (lawyer) to handle your divorce, as long as your divorce is “UNCONTESTED”.
For an UNCONTESTED DIVORCE APS can provide the same service to you, for less the cost of hiring an attorney.
Can I still use your services for a "Contested" divorce?
Unfortunately No. The services provided by APS is only for UNCONTESTED DIVORCES.
This means, if your spouse "contest" the divorce AFTER APS has started your case in Court, APS services will be discontinued and there will be NO REFUND issued.
If your spouse "contest" the divorce, this normally means you and your spouse will have to appear at the Courthouse in front of the Judge and usually your spouse may have retained an attorney.
Because APS is not a law firm, APS will not be able to represent you in front of the Judge. If your spouse does "contest" the divorce, you have two (2) options to consider.
OPTION #1 - you have the legal right to represent yourself at Court (in front of the Judge) as a Pro Se Litigant. A Pro Se Litigant is someone who does not have a lawyer to represent him/her in a court case and decide to represent themself.
APS OPINION - you should NOT represent yourself, especially if your spouse has retained an attorney. You too want to have an attorney as well, to ensure all your "legal" rights are secured and processed accordingly, in the same manner it will be done for your spouse (an equal playing field).
OPTION #2 - you can hire a competent MATRIMONIAL (DIVORCE) ATTORNEY to represent you in front of the Judge. Please note, not all attorneys are equal with the knowledge and skills to effectively and successfully represent you in Court.
Sorry, APS does not have any attorney referrals to give, therefore if you do need the services of a Matrimonial (Divorce) Attorney, you have to do a search online (e.g. Google) to locate a "Matrimonial (Divorce) Attorney".
APS OPINION - as a smart consumer, you want to take your time with your search online and after you have decided on the attorney you would like to hire, you want to do a thorough search online to see if there are any reviews, complaints and/or helpful information to assist you with your decision making on that particular attorney.
In addition, it is APS understanding that you can also contact the NYS BAR ASSOCIATION (NYSBA) for Matrimonial (Divorce) Attorney referrals.
This may be a good source because the NYSBA may even be able to assist you (or at least guide you) in locating a "competent" Matrimonial (Divorce) Attorney. The NYSBA website is www.nysba.org
IMPORTANT NOTE: The information above is NOT legal advice, just "APS OPINION" and APS providing important information to assist you, to make a better informed decision as to how to locate a competent Matrimonial (Divorce) Attorney, if you shall need one in your divorce.
My Spouse Hired An Attorney, Can APS Represent Me and/or Communicate To My Spouse's Attorney On My Behalf?
Absolutely NO! Under NY law, APS will not be able to represent you and/or communicate to your spouse's attorney on your behalf.
VERY IMPORTANT NOTE: Because you are a "Pro Se" litigant (meaning someone who does not have a lawyer to represent him/her in a court case), your spouse's attorney will be aware of this information and understand the parameters relating to pro se litigants. Meaning, as a pro se litigant (until you decide to hire an attorney to represent you), you are your own lawyer.
This means, any communication from your spouse's attorney will have to be directed to you, not APS. APS would simply be behind the scenes preparing documents at your request (if applicable to do).
Your spouse's attorney should not be calling APS and/or sending APS an e-mail requesting for any information and/or documentation because APS does not represent you, as explained here.
Your spouse's attorney should not be contacting APS to perform any task. For example, the attorney wants to add information into the divorce papers accordingly.
Your spouse's attorney will have to communicate the request to you and you will have a conference call with APS to discuss what the attorney wants to be done (and if it is possible to do).
In addition, because you are your own attorney, you have the "legal" right to communicate and/or request for documents from your spouse's attorney as well, in the same manner, as if you hired an attorney to represent you.
HAPPY NOTE: If your spouse retained an attorney, rest assured, APS is still with you! Any phone call and/or e-mail you may receive from your spouse's attorney, APS will discuss that phone call and/or e-mail with you, to determine, what is the best course of action for you.
If you feel uncomfortable and/or nervous to speak to your spouse's attorney alone or you did speak to the attorney and the request is to complicated for you to understand, no worries, APS will be more than happy to join you in the e-mail and/or phone call between you and your spouse's attorney.
What Counties Does APS handles for an Uncontested Divorce?
APS handles UNCONTESTED DIVORCES in NYC (all 5 boroughs), WESTCHESTER, ROCKLAND, NASSAU and SUFFOLK County. These are the only Counties which APS can Physically travel to.
NOTE (1): APS charges travel fees to all the Counties reference above (i.e. WESTCHESTER COUNTY), except within the NYC area.
NOTE (2): If you do not want to pay the travel fee (i.e. to NASSAU County), APS can draft the divorce documents and mail them to you, and you will be responsible to submit the documents to the County Clerk's Department, which is QUICK and EASY to do and APS will provide you the detailed instructions to assist you along the way!
VERY IMPORTANT UPDATE: As a result of COVID-19, NYS Supreme Courts are now allowing the divorces to be E-FILED (as explained in Section Number 13 below). This means, APS divorce services may extend to your COUNTY as well (i.e. ALBANY County, CAYUGA County, ERIE County and etc.).
Can my divorce be processed online?
ABSOLUTELY! Your divorce can be process online. No Office Visit Is Required. Your divorce will be process via E-mail and USPS (United States Postal Service) to obtain your signature.
How does an online divorce works, when I can file the papers myself?
An online divorce is when AndersonParalegal.com will draft ALL the required documents for you to obtain an uncontested divorce. Throughout the process, the documents will be sent to you via E-mail and USPS (United States Postal Service) with “EASY and SIMPLE” instructions for you to file the documents in Court.
I want an online divorce, but unable to file the documents in Court myself, can I still use your services?
ABSOLUTELY! As long as APS handles your County, then APS can file the documents in Court for you.
NOTE (1): APS handles the NYC area (all 5 Boroughs), WESTCHESTER, ROCKLAND, NASSAU and SUFFOLK County.
NOTE (2): APS charges travel fees to all the Counties reference above, except within the NYC area. If you do not want to pay the travel fee (i.e. to NASSAU County), APS can draft the divorce documents and mail them to you, and you will be responsible to submit the documents to the County Clerk's Department, which is QUICK and EASY to do and APS will provide you the detailed instructions to assist you along the way!