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. However, 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.
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 number 6 below.
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, Uncontested Divorces are now being E-FILED!
For more information click here or click on the button below called "E-File Divorce".
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.
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 as a pro se litigant.
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. 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.
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.
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.).
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!
IMPORTANT NOTE: As a result of COVID-19 divorces are now E-FILED to the Court, there are no travel fees involved.
Can my divorce be process online?
ABSOLUTELY! Your divorce can be process online (No Office Visit Is Required). This is also called a DIVORCE BY MAIL, which means we will NOT meet up in person. Your divorce will be process via E-mail and USPS (United States Postal Service).
VERY IMPORTANT UPDATE: As a result of COVID-19, Uncontested Divorces are now being E-FILED!
For more information, click here or click on the button below called "E-File Divorce".
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.
IMPORTANT NOTE: As a result of COVID-19 divorces are now E-FILED to the Court. This means you will NOT be going to the Court, instead APS will UPLOAD all the divorce documents onto the Court's website for you (at no additional cost).
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!
VERY IMPORTANT UPDATE: As a result of COVID-19, Uncontested Divorces are now being E-FILED (no more trips to the Court)!
For more information, click above at the very top of this page on Section Number 13 or click on the button below called "E-File Divorce".
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”, APS can provide the same service to you, for less the cost of hiring an attorney.