ANDERSON PARALEGAL SERVICES, INC


NEW YORK UNCONTESTED DIVORCES



STARTING AT $299, PLUS COURT FEES


SPOUSE'S SIGNATURE
IS "NOT" NEEDED
(CLICK HERE)

1. INTRODUCTION



ANDERSON PARALEGAL SERVICES ("APS") realizes that a divorce proceeding can potentially be extremely EMOTIONAL, TIME-CONSUMING, EXPENSIVE, and more so, when there is a Child or Children involved.


​If you and your spouse are willing to agree to the terms for filing an "UNCONTESTED DIVORCE", you will ABSOLUTELY save yourself lots of Time, Money, and Stress!


By using the services of APS, to "PREPARE and FILE" your No-Fault Divorce, you will receive "One-on-One Personal Attention" from the beginning to the end. APS specializes in doing New York Uncontested Divorces all day, EVERYDAY!


You ask yourself what makes APS a specialist, and the answer is simple. See our About Us page and Testimonials!


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2. DIVORCE INFORMATION



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 $65.



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 because your divorce will be processed as a 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! You can go back to your Maiden Name, per the court.



Do You Handle SAME-SEX MARRIAGE?


YES WE DO!


​

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” and you are a pro se litigant (representing yourself).


For an UNCONTESTED DIVORCE APS can prepare your documents 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 pro se litigants (representing yourself) 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 may want to contact the NYS BAR ASSOCIATION (NYSBA) for a Divorce Attorney referral.



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. See our Disclaimer.


VERY IMPORTANT NOTE: Because you are a "Pro Se" litigant (meaning someone who is representing themselves in court), your spouse's attorney will be aware of this information and understand the parameters relating to pro se litigants.


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 and/or sending APS an e-mail requesting for any information and/or documentation because APS is not an Attorney and 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.



What Counties Does APS handles for an Uncontested Divorce?


APS handles (but is NOT limited) to the following Counties for an Uncontested Divorce. Reminder, your divorce will be processed as a DIVORCE VIA E-FILE.

  • NYC (all 5 boroughs)
  • Long Island (Nassau and Suffolk)
  • Westchester
  • Rockland
  • Albany
  • Dutchess
  • Oneida
  • Saratoga

NOTE: As a result of COVID-19, NYS Supreme Courts are now allowing the divorces to be E-FILED. This means, APS divorce services may extend to your COUNTY as well. Send APS an e-mail at info@andersonparalegal.com to see if APS does handle your County.



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.​​


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3. FEES (APS & COURT)



How much is an Uncontested Divorce with "No Child(ren)" under 21?


An Uncontested Divorce with "No Child(ren)" under 21 years old is a flat rate of $299 within the NYC area (Court filing fees totaling $335 are not included as explained below).


Here Is The Breakdown Of The Fees:


$299 - APS Fee

$210 - for the Index Number

$125 - for the Note Of Issue/RJI


$634 TOTAL COST


In order to qualify for the $634 rate, you have to meet the following Three (3) conditions below:

(1) You have No Children under the age of 21 years old.

(2) You have No Property.

(3) Your Spouse Will Sign the document(s) before a notary.


If you have "Property", then the price will be more and will be determine based on the volume of information to be included in the Stipulation Of Settlement.


If your spouse will NOT sign the divorce document(s) before a notary (as required by the Court), then you will pay additional money to obtain a divorce without your spouse's signature.


You will need the AFFIDAVIT OF SERVICE document to obtain a divorce without your spouse's signature. In addition, your spouse MUST BE SERVED WITH THE DIVORCE PAPERS (see section #4 below "Serving Spouse The Papers").


​NOTE: If you live outside of the NYC area (i.e. Westchester County), APS flat rate is slightly higher to cover the travel expenses to the Court.


VERY IMPORTANT NOTE: To obtain an Uncontested Divorce, there are "specific" mandatory documents to be filed in Court. Each one of these documents have a title, for example, SUMMONS WITH NOTICE is one of several documents to be filed in Court.


The flat rate of $299 covers those specific mandatory documents only.


If you require any "additional" document(s) to be prepared, such as a "Stipulation Of Settlement", there will be an additional fee applied for APS to draft the document for you. Also, the Court may charge an additional fee as well, to accept the document from you.


If your case involves any "additional" work to be performed, then APS will have to apply a fee accordingly to do the additional work.


For Example, your spouse decides to consult with a lawyer (or hire a lawyer) and the lawyer requests additional paperwork from you. Depending on the volume of "additional paperwork" to do, will determine the amount APS will have to charge to fulfill the request.



How much is an Uncontested Divorce "With Child(ren)" under 21?


An Uncontested Divorce "With Child(ren)" under 21 years old is a flat rate of $399 within the NYC area (Court filing fees totaling $335 are not included as explained below).


NOTE: If you live outside of NYC, then per the Court, you will have to file a STIPULATION OF SETTLEMENT along with your divorce. For a detailed explanation, scroll down below to Section #10.


Here Is The Breakdown Of The Fees:


$399 - APS Fee

$210 - for the Index Number

$125 - for the Note Of Issue/RJI


$734 TOTAL COST


In order to qualify for the $734 rate, you have to meet the following Three (3) conditions below:

(1) You have a Child (or Children) under the age of 21 years old.

(2) You have No Property.

(3) Your Spouse Will Sign the document(s) before a notary.


If you have "Property", then the price will be more and will be determine based on the volume of information to be included in the Stipulation Of Settlement.


If your spouse will NOT sign the divorce document(s) before a notary (as required by the Court), then you will pay additional money to obtain a divorce without your spouse's signature.


You will need the AFFIDAVIT OF SERVICE document to obtain a divorce without your spouse's signature. In addition, your spouse MUST BE SERVED WITH THE DIVORCE PAPERS (see section #4 below "Serving Spouse The Papers").


NOTE: If you live outside of the NYC area (i.e. Westchester County), APS flat rate is slightly higher to cover the travel expenses to the Court.


​VERY IMPORTANT NOTE: To obtain an Uncontested Divorce, there are "specific" mandatory documents to be filed in Court. Each one of these documents have a title, for example, SUMMONS WITH NOTICE is one of several documents to be filed in Court.


The flat rate of $399 covers those specific mandatory documents only.


If you require any "additional" document(s) to be prepared, such as a "Stipulation Of Settlement", there will be an additional fee applied for APS to draft the document for you. Also, the Court may charge an additional fee as well, to accept the document from you.


If your case involves any "additional" work to be performed, then APS will have to apply a fee accordingly to do the additional work.


For Example, your spouse decides to consult with a lawyer (or hire a lawyer) and the lawyer requests additional paperwork to be performed by APS in order for your spouse to sign the divorce document(s) before a notary.


Depending on the volume of "additional paperwork" to do, will determine the amount APS will have to charge to fulfill the request.



How much are the Court Filing Fees?


The Court filing fees totaling $335 (are NOT included in APS fee) and is done by making two (2) separate payments to the County Clerk's Office (within NYC).


You will need to make the FIRST Payment of $210 to purchase an "INDEX NUMBER" (this is to start your case in Court).


When the time comes to file your remaining batch of documents (i.e. after your spouse returns the document(s) to you OR your spouse has defaulted), you will need to make the SECOND Payment in the amount of $125 for the "NOTE OF ISSUE" (and only at that time the Court will permit you to submit the remaining batch of documents as well).


NOTE: If you live outside of NYC (i.e. Westchester County), the Court filing fees are slightly higher, and you may have to submit additional documents.


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4. SERVING SPOUSE THE PAPERS



How much time do I have to "Serve My Spouse" the papers after the Summons With Notice has been filed in Court?


After the SUMMONS WITH NOTICE is filed in Court and you have obtained the INDEX NUMBER, per the Court rules, you have exactly 120 days to serve your spouse the papers. The 120 days begins when the document has been filed in Court and you have obtained (or been assigned) the INDEX NUMBER.


IMPORTANT (1): Per the Court rules, failure for not serving your spouse the papers within the 120 days can result in the Court dismissing your case and you will have to start all over, which will include paying the $210 fee for the INDEX NUMBER and APS fee.


IMPORTANT (2): If you do not know your spouse's whereabouts, meaning their PHYSICAL LOCATION (address) to where s/he can be served with the papers, then you should NOT start the divorce proceedings until you have been able to obtain the information.


Can I still get a Divorce, if my Spouse "Does Not Sign" The Papers?


YES YOU CAN! After your spouse has been "PHYSICALLY SERVED" with the divorce papers, your spouse can either sign the paper(s) (which will expedite the divorce proceedings) or do nothing.


If your spouse choose to "not sign the paper(s)", you can still get a divorce upon the expiration of the 41-day waiting period (as further explained below).


VERY IMPORTANT NOTE: Per the Court rules, "PHYSICALLY SERVED" is defined as your spouse "being personally handed the papers".


This means that the "Server" (which can be a PROCESS SERVER, SHERIFF'S DEPARTMENT, FAMILY MEMBER or FRIEND) has to travel to your spouse's location and give the documents to your spouse, from their hand to your spouse's hand.


After your spouse is served, you will need the AFFIDAVIT OF SERVICE document, to be able to continue the divorce proceedings without your spouse's signature. For more information regarding the AFFIDAVIT OF SERVICE document, please read the information below (same section #4).


The divorce documents CANNOT be served to anyone else (i.e. spouse's mother, father, sister, brother or etc.), only to your spouse.


You CANNOT SERVE YOUR SPOUSE the papers, if s/he is NOT going to sign the AFFIDAVIT OF DEFENDANT document and it has to be before a notary.

VERY IMPORTANT REMINDER:


(1) Per the Court rules, if your spouse is willing to sign the "AFFIDAVIT OF DEFENDANT" document (before a notary), then you're allowed to provide the Affidavit directly to your spouse (in person or via mail).


(2) If your spouse is NOT going to sign the AFFIDAVIT OF DEFENDANT document (or you're not 100% sure that your spouse will sign the Affidavit Of Defendant), then you CANNOT provide the Affidavit to your spouse.


The AFFIDAVIT OF DEFENDANT document (and other required divorce papers) will have to be "PHYSICALLY SERVED" to your spouse by someone else, in order for you to be able to obtain a divorce without your spouse's signature.


IMPORTANT NOTE: If the AFFIDAVIT OF DEFENDANT document is mailed to your spouse and your spouse decides to not sign the document, then your spouse will have to be "PHYSICALLY SERVED" (as explained above and below).



Will the Divorce take Longer to Process if my Spouse Does Not Sign?


ABSOLUTELY YES and here are the reasons why.


1. To continue the divorce proceedings without your spouse's signature, your spouse has to be "PHYSICALLY SERVED" with the divorce papers (as explained above and below).


2. The Court adds an additional 41 days to the divorce which means AFTER your spouse is served with the divorce papers, your spouse has 41 days to decide what he or she wants to do. During this time period your case "freezes" for the 41 days waiting period.


3. If you have to hire a PROCESS SERVER or the SHERIFF'S DEPARTMENT, you will be paying their fee to serve the papers to your spouse.


NOTE: In addition, this step will require some time to do because you have to make arrangements with the PROCESS SERVER or SHERIFF'S DEPARTMENT to serve your spouse the divorce papers. You have to locate a PROCESS SERVER or the SHERIFF'S DEPARTMENT in the COUNTY your spouse resides in.

For example, if your spouse lives in Newark NJ, you would be contacting a Process Server or the Sheriff's Department in Essex County.


Of course APS will assist you as much as possible so your divorce can continue to be EASY & SIMPLE to do!


Here's Is What APS Will Do:

  • APS will prepare the divorce papers to be served to your spouse.
  • APS will provide a detailed Cover Letter consisting of the instructions for the PROCESS SERVER or SHERIFF'S DEPARTMENT to follow.
  • APS will prepare the CERTIFICATE OF SERVICE for the Sheriff's Department to complete (if the Sheriff's Department serves your spouse with the papers) and
  • APS will review the completed AFFIDAVIT OF SERVICE document to ensure there are NO errors (as explained below).

NOTE: APS charges a fee of $65.00 to assist with the AFFIDAVIT OF SERVICE process because this is "additional work" for APS to do.


The "additional work" consists of APS doing ANY of the following:


1. Preparing the AFFIDAVIT OF SERVICE for you.

OR ​

2. APS guiding you on how to prepare the AFFIDAVIT OF SERVICE (if this is what you want to do, but NOT recommended by APS).

OR

3. APS reviewing the AFFIDAVIT OF SERVICE prepared by the Process Server OR Sheriff's Department (as explained below).


VERY IMPORTANT NOTE (spouse served by a PROCESS SERVER or SHERIFF'S DEPARTMENT):


If your spouse is served by a PROCESS SERVER or SHERIFF'S DEPARTMENT, quite often what APS have seen time and time again is that the AFFIDAVIT OF SERVICE (which is a document you will receive from the Process Server or Sheriff's Department AFTER your spouse is served with the divorce papers) may not contained ALL the information required by the Court, which results in the Court "rejecting" your divorce until the Affidavit Of Service has been fixed.


No Worries, because APS will review the AFFIDAVIT OF SERVICE (you obtained from the Process Server or Sheriff's Department) in its entirety from top to bottom, line by line, word for word, to make sure the AFFIDAVIT OF SERVICE 100% complies with the Court's rules so your divorce does not get rejected, as a result of filing a "defective" AFFIDAVIT OF SERVICE document.


For APS to do this for you, it is already included in APS fee of $65. So little in price for a peace of mind.


VERY IMPORTANT NOTE: If your spouse is NOT signing the AFFIDAVIT OF DEFENDANT document and as a result, now have to be served with the papers (in order for you to be able to continue the divorce proceedings without their signature), here is some friendly advice, try to be very very very patient (yes I said the word "very" 3x's) because unfortunately your divorce will take LONGER to process.


In addition, during this time you may feel very frustrated, very upset and very annoyed with the combination of the "additional" time it takes to process your divorce and the "additional" money you may have to spend.


Feeling these emotions are normal and understandable, however, you're not alone. Because you're in the hands of APS (NY's #1 Divorce Specialists), you can rest assured APS will be with you every step of the way until your divorce is finalized by the Court.


What happens if my spouse fails to appear in the divorce action?


After your spouse is "PHYSICALLY SERVED", you will have to wait approx. ​41 days after service for APS to file the remaining batch of documents in Court. Upon the expiration of the required 41 days waiting period, your spouse will have DEFAULTED, and APS can proceed to finalize the Uncontested Divorce.


IMPORTANT: In order for you to be able to obtain a divorce without your spouse's signature, you CANNOT serve your spouse the papers.


PER NYS SUPREME CIVIL COURT:


(1): If Your Spouse Resides in NYS, you either have to hire a "PROCESS SERVER", "SHERIFF'S DEPARTMENT" OR anyone you may know (i.e. FAMILY MEMBER or FRIEND) that is over the age of 18 years old and a NYS resident (and not a party to the divorce) can "PHYSICALLY SERVE" your spouse the papers.


(2): If Your Spouse "Does NOT" Reside in NYS, and lives in another STATE, then you either have to hire a "PROCESS SERVER", "SHERIFF'S DEPARTMENT" OR check with that State to determine if someone else (other than a process server) can "PHYSICALLY SERVE" your spouse with the papers.


(3): If Your Spouse "Does NOT" RESIDE in NYS, and lives in another COUNTRY and will NOT sign the paper(s), then sorry APS cannot take your case (or continue to process your case). This IMPORTANT information will be explained to you via e-mail.



What is an AFFIDAVIT OF SERVICE document?


If your spouse is NOT going to sign the paper(s) before a notary (as required by the Court to do), and you want to continue the divorce proceedings without their signature(s), then the other option the Court gives you is to have your spouse served with the divorce papers (as explained above).


After your spouse is served with the divorce papers and your spouse fails to appear in the divorce action (defaulted), then you will need a document called an "AFFIDAVIT OF SERVICE".


The purpose of the AFFIDAVIT OF SERVICE document is proof for the Court that your spouse was PHYSICALLY SERVED with the divorce papers AND it was done within the 120 days, as required by the Court to do.


VERY IMPORTANT NOTE: If the divorce papers were served to your spouse by a FAMILY MEMBER or FRIEND, then that Family Member or Friend will have to sign the AFFIDAVIT OF SERVICE document before a notary, as required by the Court to do. APS will prepare the AFFIDAVIT OF SERVICE document for you, for a fee of $65.


If the documents was served by a Process Server or the Sheriff's Department, then the Process Server or Sheriff's Department will prepare and provide the AFFIDAVIT OF SERVICE document to you.



Does APS Serves The Divorce Papers To The Spouse?


NO! APS does not serve the divorce papers to the spouse. However, if your spouse does accept, sign and return the document(s), then APS can provide the documents to your spouse via USPS or E-mail.


If your spouse has to be served with the divorce papers, please review the detailed IMPORTANT information referenced above.


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5. I CAN'T LOCATE MY SPOUSE



I can't locate my spouse, can I still get a divorce?


Yes you can, this procedure is called a DIVORCE BY PUBLICATION.


Due to the "time-consuming" requirements to obtain a divorce through this procedure and the expensive fees associated, sorry APS does not handle divorces by publication.



My spouse Is Incarcerated, can I still use the services of APS?


Sorry NO, APS will not be able to provide services to you, if your spouse is incarcerated.​​


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6. GROUNDS FOR DIVORCE



What are the "Grounds for Divorce" in New York State?


In order to obtain a divorce in the STATE OF NEW YORK, you will need to have a "reason", also called a Ground For Divorce.


According to the New York Domestic Relations Law §170, they are the following:


1) IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP - also known as NO-FAULT divorce is the Easiest & Simplest reason to obtain a divorce (click here for details)


2) CRUEL AND INHUMAN TREATMENT - (click here for details)


3) ABANDONMENT - of a period of 1 or more years (click here for details)


4) IMPRISONMENT - for a period of at least 3 consecutive years (and still in prison when the divorce action is commenced) and have taken place after the date of the marriage (click here for details)


5) ADULTERY - (click here for details)


6) JUDGMENT OF SEPARATION - parties are required to live separate and apart for more than one year after the judgment was granted (click here for details)


7) SEPARATION AGREEMENT - parties have lived apart for more than one year according to the written agreement (click here for details)​​


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7. RESIDENCY REQUIREMENTS



What are the "Residency Requirements" in New York State?


In order to obtain a divorce in the STATE OF NEW YORK, You or Your Spouse will have to be a current NYS resident.


If neither of you currently live in the State Of New York, then you do not qualify for a divorce in the State Of New York.


In order to qualify for a divorce in the State Of New York, you must be able to select at least ONE (1) of "Residency Requirements" listed below.


According to the New York Domestic Relations Law § 230 the requirements are as followed:


1) The Plaintiff (or Defendant) has resided in New York State for a continuous period of at least two (2) years immediately proceeding the commencement of this divorce action (and currently continues to live in NYS).


OR


2) The marriage ceremony was performed in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began


OR


3) The couple lived as husband and wife in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began


OR


4) The grounds for divorce occurred in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began.


OR


5) The grounds for divorce occurred in NYS and both spouses are NY residents at the time the action is commenced.


OR


6) If you and your spouse were married outside of NYS and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state--either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce.


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8. CHILD SUPPORT INFORMATION



Is Child Support "mandatory" to establish in the divorce documents?


YES! Per New York Law Child Support Is Mandatory and has to be "determined and documented" in the divorce papers.


The Child Support will be determine by using the required CHILD SUPPORT WORKSHEET. This document is provided by the Court and has to be completed and filed with your divorce papers. If the worksheet is not filed with your divorce papers, then the Court will reject your divorce.


Per the Court, if you have a Child Support Order signed by the judge, then you did not need to complete nor file the Child Support Worksheet.


IMPORTANT NOTE: This does NOT mean that the Court or Child Support Collection Unit is going to "garnish" the non-custodial parent's paycheck (meaning take the money directly out of their paycheck and give the money to the custodial parent), rather it simply means that child support has to be "determined and documented" in the divorce papers - that's it.


You have the option to indicate in the divorce papers, that the child support payments are being made directly to you (or to your spouse if you are the non-custodial parent) and you decline the services of the Support Collection Unit.


The parent that has the child (or children) the majority times throughout the year is the CUSTODIAL PARENT and will be the parent entitled to child support from the other parent.


The parent that is responsible for Child Support is the NON-CUSTODIAL PARENT. This will mean that the parent who is responsible for child support, will be the parent to pay child support to the other parent.


VERY IMPORTANT REMINDER: The only time the Court or Child Support Collection Unit will enforce the Child Support Payments (meaning take the money out of the non-custodial parent's paycheck and send it to the custodial parent) is if the custodial parent filed the appropriate document(s) with the Court to initiate the process.



My Spouse and I have our own CHILD SUPPORT AMOUNT we agreed upon on, can we use it?


YES! Per the Court, when both parties have agreed to their own amount of Child Support, you will need a STIPULATION OF SETTLEMENT ("Stipulation").


The Court will NOT accept the Stipulation if only one of you sign the document, the Stipulation will require the both of you to sign the document before a notary. You both do not have to sign the Stipulation before a notary together, it can be done on separate days.


For example, the wife can sign the Stipulation on a Monday and the husband can sign the Stipulation on Tuesday or any other day.


The purpose of the STIPULATION, is when you want to deviate from the amount of Child Support that was determine in the CHILD SUPPORT WORKSHEET, because you both have agreed to an amount of Child Support which you like the Court to consider.


In a situation like this, the Court wants to see the BEFORE (the amount that was determined in the worksheet) and the AFTER (the amount that the both of you have agreed to). The Court will then decide if they will approve or deny your STIPULATION.


Please note, the Court may charge a fee to $35 to file the Stipulation AND APS fee starts at $95 to draft the Stipulation and then the price increases depending on the amount (volume) of information to be incorporated into the document.



How much Child Support do I have to pay and to What Age of the Child?


According to the New York Child Support Standards Act (CSSA ) the percentages below are applied to the first $183,000.00 of combined parental income. These percentages are as followed:


• 17% for one child

• 25% for two children

• 29% for three children

• 31% for four children

• No less than 35% for five or more children


According to the following link below (and under New York Law), "parents are responsible for supporting their child until the child is 21 years old."


For additional information regarding New York Child Support regulations, obligations, and guidelines click here....Child Support Information.



I am the Custodial Parent to receive child support, can I have the child support payments come Directly To Me or do I have to use the services of the Support Collection Unit?


If you're the custodial parent to receive child support, you have the option to either have the child support payments paid directly to you (by your spouse) or utilize the services of the Support Collection Unit.



I have a "Child Support Order", do I need to provide the Court with a copy?


YES! If you have a Child Support Order, you will need to provide APS with a copy because APS will have to reference some of the information (contained in the child support order) into the divorce documents and attach a copy of the order to your divorce papers.



I have a "Custody and Visitation Order", do I need to provide the Court with a copy?


YES! If you have a Custody and Visitation Order, you will need to provide APS with a copy because APS will have to reference some of the information (contained in the custody and visitation order) into the divorce documents and attach a copy of the order to your divorce papers.



I have additional questions regarding child support, are there any other resources available on the Internet that I can use?


YES! In addition to the information APS have provided, you can obtain a lot of useful and helpful information (for the Custodial and Non-Custodial Parent) from the New York Child Support website by clicking here.


You can also call APS to speak to a representative at 646-537-2534 or send APS an e-mail here.


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9. MAINTENANCE (SPOUSAL SUPPORT)



Is Maintenance mandatory to be Offered or Demanded in a divorce?


NO! Maintenance is not mandatory to give nor receive in order to obtain an Uncontested Divorce.


If you and your spouse have "agreed" to your own amount of MAINTENANCE, then that information has to be included into a STIPULATION OF SETTLEMENT (for more information regarding a Stipulation Of Settlement, please read Section #10 below).


If you and your spouse wants to include MAINTENANCE, but do not have a specific amount to give or receive, no worries, because this information will be determine in the Court's forms for you.


NOTE: If you want MAINTENANCE in your divorce and your spouse does not want to give it, then APS will not be able to provide services to you and you may need to seek the advice of a Divorce Attorney.


The reason why is because for an "UNCONTESTED DIVORCE", all the terms and conditions has to be agreed upon between you and your spouse.


If your spouse does not want to give you MAINTENANCE, then your divorce may become "contested" and APS does not provide services for a contested divorce since we are not attorneys.


This is why the Court's preference is to have ALL this information included into a STIPULATION OF SETTLEMENT (the Maintenance terms and conditions agreed upon between you and your spouse), and will require the both of you to sign this document before a notary.


You both do not have to sign the STIPULATION OF SETTLEMENT together, but the document will require you and your spouse's signatures before a notary. For example, the wife can sign the Stipulation on Monday and the husband can sign the Stipulation on Tuesday.


IMPORTANT INFORMATION: As of January 25, 2016 a new law went into effect that establishes "Maintenance" and as a result, the Court now requires additional documents to be completed.


These documentations are mandatory to be completed, only if you or your spouse is asking for maintenance AND you want that information to be included into the divorce papers.


As a result of the "additional documentations", APS charges an additional fee to do the work (inquire within).


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10. STIPULATION OF SETTLEMENT, AFFIDAVIT or ADDENDUM



What is a STIPULATION OF SETTLEMENT?


MARITAL PROPERTY (and/or any other important information):


If you have MARITAL PROPERTY in your divorce (e.g. house, boat, car, dog, cat or etc.) and you want the Marital Property to be referenced in the divorce documents (Note: It is not required to obtain a divorce.), then you will need a document called a STIPULATION OF SETTLEMENT ("Stipulation").


If you have any additional information you want to be included in the divorce papers, for example...

  • You want to waive your spouse's rights to your pension or 401K, you will need a Stipulation.
  • You're planning on buying property in the near future and want to waive your spouse's rights to that property, you will need a Stipulation.
  • You and your spouse have your own "Agreed Amount of Child Support" that you want to continue to use in the divorce papers then you will need a Stipulation.
  • You want to include Spousal Support (Maintenance) in your divorce, then you will need a Stipulation (for more information regarding Maintenance, please read Section #9 above).

These are only a few examples of how you may need a Stipulation Of Settlement in your divorce.


If you feel that something is very important to you (or to your spouse) to be included in the divorce papers (doesn't matter what it is), then you will need a Stipulation Of Settlement in your divorce.


The purpose of the STIPULATION OF SETTLEMENT is to contain all the information (agreed upon between you and your spouse) regarding the Marital Property in question and/or Any Other Important Information you may want to be included in the divorce.


Important Note: The document will also require for the both of you to sign the Stipulation Of Settlement Before A Notary. The Court will NOT accept the Stipulation if only one of you sign the document, the Stipulation Of Settlement will require the both of you to sign the document before a notary.


You both do not have to sign the Stipulation of Settlement together. For example, the wife can sign the Stipulation on Monday and the husband can sign the Stipulation on Tuesday.


APS charges a fee of $95.00 to draft the Stipulation Of Settlement and then the price increases depending on the amount (volume) of information to be incorporated into the document.


The Court charges a fee of $35 to accept the Stipulation Of Settlement from you.


NOTE: If you pay APS fee with your Debit or Credit Card, the fee will be slightly higher to cover the PayPal "service fee".



WE HAVE OUR OWN STIPULATION OF SETTLEMENT, CAN WE USE IT IN THE DIVORCE:


YOU SURE CAN! If you have your own STIPULATION OF SETTLEMENT ("AGREEMENT") already signed by you and your spouse before a notary as required by the Court to do, absolutely you can have it filed with your divorce.


APS Will Do Three (3) Things For You.


1. Your AGREEMENT will be referenced in the divorce papers accordingly. This means for example, everywhere in the divorce papers that is ask by the Court, do you have an AGREEMENT, those boxes will have a checkmark to indicate yes you do!


2. APS will review the Notary Section in your agreement, to make sure it meets the Court's requirements. If it does not, no worries, APS can fix it for you.


3. APS will file your original AGREEMENT in Court. Please note, the court charges a filing fee of $35.


VERY IMPORTANT NOTE: Because APS did not prepare your AGREEMENT, APS is not allowed to review the document. APS will only do the three (3) items referenced above.



YOU RESIDE IN OR OUT OF NYC & YOU HAVE A CHILD OR CHILDREN:


Per some Courts (as explained below), does require for the CHILD SUPPORT information in your divorce papers, to be transferred into a Stipulation Of Settlement.


You Reside IN NYC:

If you reside in NYC, some Courts such as the BRONX and KINGS County does require a Stipulation of Settlement when you have a Child or Children under the age of 21 years old.


You Reside Out Of NYC:

If you reside outside of NYC, for example you live in WESTCHESTER County, per the Court, you have to file a Stipulation Of Settlement when you have a Child or Children under the age of 21 years old.


NOTE: If you do not live in NY but your spouse does, then the divorce papers will be filed in the County your spouse lives in and the same rules applies above.


Failure to include a Stipulation of Settlement in your divorce may lead to your case being rejected by the Court.


APS charges a fee of $95.00 to draft the Stipulation Of Settlement and then the price increases depending on the amount (volume) of information to be incorporated into the document.


NOTE: If you pay with your Debit or Credit Card, the fee will be slightly higher to cover the PayPal "service fee".



YOU & YOUR SPOUSE HAVE YOUR OWN AGREED AMOUNT OF CHILD SUPPORT:


Per the Court, when both parties have agreed to their own amount of Child Support, you will need a STIPULATION OF SETTLEMENT.


The purpose of the STIPULATION OF SETTLEMENT, is when you want to deviate from the amount of Child Support that will be determine in the Court's CHILD SUPPORT WORKSHEET, because you both have agreed to an amount of Child Support which you like the Court to consider.


In a situation like this, the Court wants to see the BEFORE (the amount that was determined in their worksheet) and the AFTER (the amount that the both of you have agreed to). The Court will then decide if they will approve or deny your STIPULATION OF SETTLEMENT.


Important Note: The document will require you and your spouse to sign the Stipulation Of Settlement before a notary. The Court will NOT accept the Stipulation Of Settlement if only one of you sign the document, the Stipulation Of Settlement will require the both of you to sign the document before a notary.


You both do not have to sign the STIPULATION OF SETTLEMENT together, but the document will require you and your spouse's signatures before a notary.


NOTE: The STIPULATION OF SETTLEMENT is an extremely important document and has to be drafted in the manner that conforms with the Court's rules and the Court will accept. The Court may charge a $35 fee to accept the document from you.



What is an AFFIDAVIT?


Per the Court, an AFFIDAVIT is a sworn document (statement) signed by you before a notary. For example, the Judge (or Referee) may ask you a question and want your reply via an AFFIDAVIT.


NOTE: The AFFIDAVIT is an extremely important document and has to be drafted in the manner that conforms with the Court's rules and the Court will accept.


For APS to draft the AFFIDAVIT, APS fee starts at $65. The price will increase and base on the amount of information you'll need to be included in the AFFIDAVIT.


If you pay with your Debit or Credit Card, the fee will be slightly more to cover the PayPal "service fee".



What is an ADDENDUM?


Per the Court, an ADDENDUM is a sworn document that will require you and your spouse's signature before a notary. The purpose of the ADDENDUM is to contain any additional information you may need in your divorce and this information will be added to another document. If an Addendum is needed for your uncontested divorce, then APS can help.


For example, let say that you and your spouse have a "written agreement" that you would like to be included in the divorce, but the written agreement is missing some information that the Court requires to be in your agreement.


Another example, let say that you and your spouse would like to add some "additional information" to the written agreement, that was not originally included when the agreement was drafted.


Another example, the Child Support information in your agreement has to be "updated", and in order to do this, you will need an Addendum.


For any of the examples above, you only have two (2) Options to choose from.


OPTION 1, you and your spouse can create a brand new written agreement.


OR


OPTION 2, you can have APS draft an ADDENDUM for you and all the missing information required by the Court to be included (or the "additional information" you would like to add) will go into the ADDENDUM and the ADDENDUM would be attached to your written agreement at the end.


This way you can still use the written agreement you have AND add the ADDENDUM at the end.


NOTE: For APS to draft the ADDENDUM, APS fee starts at $65. The price will increase and base on the amount of information you'll need to be included in the ADDENDUM.


If you pay with your Debit or Credit Card, the fee will be slightly more to cover the PayPal "service fee".


Per the Court, the ADDENDUM requires you and your spouse to BOTH sign the document before a notary. You do not have to sign the document together, but the document will require both signatures before a notary. If the document only contains one signature OR was not signed by both parties before a notary, APS will not be able to file the document in Court.


NOTE: The ADDENDUM is an extremely important document and has to be drafted in the manner that conforms with the Court's rules and the Court will accept.



​How much does it cost to have a STIPULATION OF SETTLEMENT, AFFIDAVIT, or ADDENDUM drafted?


APS fee starts at $95 per STIPULATION OF SETTLEMENT and then the price increases depending on the amount (volume) of information to be incorporated into the document.


APS fee starts at $65 per AFFIDAVIT and then the price increases depending on the amount (volume) of information to be incorporated into the document.


APS fee starts at $65 per ADDENDUM to be drafted and then the price increases depending on the amount (volume) of information to be incorporated into the document.


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11. DIVORCE VIA E-FILE



What is a DIVORCE VIA E-FILE?


For a detailed explanation regarding a DIVORCE VIA E-FILE, click on the title for more information.


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12. EXPEDITED DIVORCE



What is an EXPEDITED DIVORCE?


For a detailed explanation regarding an EXPEDITED DIVORCE, click on the title for more information.


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13. HOW WILL I KNOW
THE DIVORCE
IS FINALIZED



How will I know the divorce is finalized by the Court?


The Court will send you (not APS) an "E-MAIL" confirmation letting you know the Judgment Of Divorce (Divorce Decree) has been signed by the Judge (or Referee).


The signed DIVORCE DECREE will be in your online account. This means when you logged into your account, you will be able to see the signed DIVORCE DECREE and can print out as many copies as you may need.



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14. WHY USE THE SERVICES OF APS?



Why should I use the services of APS?

For this question, let our clients tell you.


Why use APS to "Prepare and File" my Uncontested Divorce documents?


By using APS to "Prepare and File" your divorce documents, your Uncontested Divorce will receive the following attention:


• Fast and Accurate Service

• No Surprises

• No Hidden Fees

• No Office Visit Required

• No Court Appearances is Required (as long as the divorce is Uncontested)

• One-on-One Personal Attention (from the Beginning to the End!)

• APS will File all the documents in Court on your behalf...at no additional cost



When will the Summons with Notice be Filed in Court?


The SUMMONS WITH NOTICE will be filed in Court the same day the signed document is received by APS (or the next business day).


Note: The SUMMONS WITH NOTICE is what you will pay the 1st Court fee of $210 (for the Index No.)



How will I know that the initiating document(s) have been filed in Court?


Upon APS Filing your SUMMONS WITH NOTICE in Court, you will receive a detailed e-mail from APS confirming your document(s) was FILED!


In addition, the Court will e-mail you (not APS) a copy of your payment receipt.



Does APS have all the required documents to file for an Uncontested Divorce in New York?


YES! Anderson Paralegal Services have all the required "mandatory" New York State documents, to file for an Uncontested Divorce.



Does APS serve Divorce papers to my spouse?


NO! APS does not serve divorce papers to your spouse. If your spouse does accept, sign and return the document(s), then APS can send the divorce papers to your spouse via E-mail or mail the divorce papers to your spouse via USPS only


Note: If the documents are mailed to your spouse via USPS, your spouse has to reside in the USA. APS does not mail divorce papers out of the Country.



APS does so much, for so little in price, how do I know APS is Legitimate?


When considering in retaining the services of a business in New York State, as a smart consumer you should always check to see if that particular business is registered with the NYS Department of State, Division of Corporations.


Anderson Paralegal Services, Inc. is an "Active" business, registered with the NYS Department of State, Division of Corporations.​​


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15. HOW DO WE GET STARTED



How Do We Get Started?

​

To start the divorce proceedings, click here.


Is there an expiration on the $50 deposit?


No, there is no expiration when you make the $50 deposit. For example, when you make the $50 deposit, and afterwards you decide to put your case on hold for an unlimited amount of time, your $50 deposit will always be there (as credit).



Is The $50 Deposit refundable if I discontinue APS services?


If for any reason(s) you have discontinued APS services and APS has drafted the initiating document to be filed in Court (i.e. SUMMONS WITH NOTICE) then NO, the $50 deposit is Non-Refundable.


If APS has Not drafted the Summons With Notice (meaning has yet to get to your case), then Yes, you will be entitled to a refund. ***All refunds will be issued within (5) business days.***



If I Discontinue the Divorce, can I start all over with APS at a later time?


If for any reason(s) you have discontinued the divorce (oppose to simply putting your divorce on hold as explained above), all the information you have provided will be dispose and your case will officially be closed.


APS reserves the right to determine whether or not to accept your case at a later time. There may be a small "reinstatement fee" applied if APS does accept your case.


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