Legal Question in Family Law in New York

Re: Divorce or Separation

1. In NY State, if both parties want to be divorced the courts will not stand in your way. There is no requirement for 'one year'. I can have the documents in front of a judge in 48 hours.

2. In the absence of complex financial assets, 3500 is a little high for NYC. My fee is 1,500 for an uncontested divorce without complex financial assets.

You are welcome to a consultation for no fee. Please email for an appointment.

Re: Divorce or Separation

If you both agree, you do not need to get a legal separation, you can get an uncontested divorce. You do not have to wait one year. But one of you has to admit to fault.

If there is no fight, it should cost that or less.

Re: Divorce or Separation

Q. If both parties agrees to a divorce and have been separated for more then a year without a legal separation can they just be divorced.

A. Yes.

Q. If a lwayer does the separation do they still need to wait the year to file the divorce.

A. As long as there is a constructive abandonment you can get divorced.

Q. If there is no fight should the average cost be for both a separation and divorce be 3,500.

A. The sum is reasonable. I charge $1,200 not including disbursements which total $370.

Mike.

Re: Divorce or Separation

You cannot now base your divorce on your past separation because you did not have a legal separation. You may seek a divorce based upon some other ground.

If you wanted a divorce based on the one year separation, you could only do so after obtaining a legal separation.

As for cost, I certainly could handle your case for considerably less than $3,500.00. Please call me to discuss.

Daniel Clement