Legal Question in Family Law in New York

how do I divorce quick and cheap?

We married in 2003. He was a crack user. He left in 2005. Its been a year. No assects, or kids that are his.

I dont qualify for legal aid, yet I cannot afford the fee. Is there a way to do it quick and cheap or free?


Asked on 2/06/07, 8:09 pm

4 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: how do I divorce quick and cheap?

All courts in NYC allow you to do a pro-se divorce if you can not afford an attorney - yo ucan fill out the paperwork yourself with assistance of the clerks of the court.

GOOD LUCK!

Ask for the pro-se clerk

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Answered on 2/06/07, 8:53 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: how do I divorce quick and cheap?

As Mr. Gonzalez has already advised you, you can obtain the divorce papers and fill them out and file them yourself.

However, even without lawyers, even if you do all the paperwork yourself, it will not be free of charge: various filing fees alone will total about $450: $210 to purchase an index number; $125 for Note of Issue (and for Request for Judicial Intervention outside of NYC); and fees for the Certificate of Dissolution of Marriage and for the Certified Copy of Judgment.

You need to state GROUNDS for divorce on the paperwork. On the facts you stated, you have grounds for divorce for ABANDONMENT but ONLY IF your spouse left more than a year ago AGAINST your will and that he has not returned despite your continued repeated efforts to persuade him to return to the marital residence.

You also mentioned crack addiction. That MIGHT allow for divorce grounds based on your spouse's cruel and inhuman treatment of you, since

the spouse's drug abuse (and/or alcohol abuse) has been held to be CRUEL AND INHUMAN TREATMENT ground for divorce in some New York cases; for example Ash v. Ash, 53 A.D.2d 1039, 386 N.Y.S.2d 159 (4th Dept. 1976); Weilbert v. Weilbert, 115 A.D.2d 473, 495 N.Y.S.2d 707, reversed on other grounds, 167 A.D.2d 463, 562 N.Y.S.2d 139 (2nd Dept. 1990).

You could try stating both grounds for divorce: ABANDONMENT and CRUEL AND INHUMAN TREATMENT in the documents.

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Answered on 2/06/07, 11:48 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: how do I divorce quick and cheap?

My apologies for the math "typo" in my preceding answer: the divorce document filing fees total to about $350 as you can see from doing the arithmetic yourself.

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Answered on 2/07/07, 12:04 am
Bunji Fromartz Fromartz Law Offices

The forms are available free

at the court or online at:

http://www.nycourts.gov/ip/matrimonial-matters/forms.shtml In the yellow box choose instructions and forms for "without children under 21."

Follow the directions or goto court and the "Pro-se" [representing self] clerks can help you for no fee.

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Answered on 2/08/07, 1:44 pm


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