What if I don’t know where my spouse is?
No, problem. There are several other options available to us by law. We also have a service which can help locate your spouse if necessary.
Does my spouse has to sign any paperwork?
Yes and no. It is quicker and best if your spouse submits an affidavit saying that he doesn’t contest the divorce. We prepare the affidavit, which he simply must sign before a notary. However, if he doesn’t answer within 30 days of service, we can proceed by default and he won’t have to sign anything.
What is an uncontested divorce?
It is a divorce where you and your spouse agree to get divorced or will not spend money to fight the divorce.
Do I have to appear in court?
Generally, no you do not. You would only have to appear if there is a question with your paperwork. However, we work to ensure that will not be necessary, unlike some of these other sites who are not actual lawyers.
Does New York State have residency requirement for a divorce?
Yes, New York does. If you fall into any one of the following categories you can get divorced in New York State:
• The husband and wife were married in New York, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately before the commencement of the action, or
• The parties have resided in New York as husband and wife, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the action, or
• The grounds for divorce occurred in New York, and either party has been a resident of New York for a continuous period of at least one year immediately before the beginning of the action, or
• The grounds for divorce occurred in New York, and both parties are residents of New York at the time of the commencement of the action, or
• Either spouse has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the action.
What are the grounds for divorce in New York?
New York has seven (7) grounds for divorce:
• Cruel and Inhuman Treatment • Abandonment for one or more years
• Imprisonment for three or more years
• Adultery
• One year of living apart pursuant to a Separation Judgment from a court
• One year of living apart pursuant to a Separation Agreement entered into by the parties
• “No-Fault” divorce. One party has to allege that the relationship between the parties has been irretrievably broken for a period of at least six months.