Legal Question in Family Law in New York

My Parents have lived apart for more than 16 years, my dad lives in India and my mom lives in NYC. They decided not to live together as husband and wife about 15 years ago as they do not get along. My mom finally wants to get a legal divorce from my father. What can she do? I researched uncontested divorce as my dad is willing to sign the divorce papers, but it seems that there is a fault based system.. what options does my mom have? She does not really have the money to pay a lawyer. I would be doing all the work for her. Can you please help? Thanks much Edward


Asked on 12/13/09, 5:51 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If both individuals are US citizens and have a social security number, and if both individuals want a divorce, and if there are no issues concerning marital property, you parents should be able to obtain an uncontested divorce under the grounds of constructive abandonment.

Many attorneys (including me) charge a flat fee for an uncontested divorce. The flat fee allows an individual with limited funds to pay for a lawyer. If you want, you may contact my office. You may also contact a lawyer through your local bar association's referral service.

Mike.

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Answered on 12/18/09, 6:13 am


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