Legal Question in Family Law in New York

I really need help on this one!

I have been separated for exactly two years. The only contact between my estranged wife and I, was an email giving me the address at where she is living back in her native country of Australia. This case should technically be a slam dunk because of abandonement but I have been getting so many different answers and fee quotes I don't know whom to trust. Is there an efficient and legal way for me to file for divorce based on abandonment without being railroaded with all these exhuberent fees? Can I properly file the paperwork myself or do I need to be represented by an attorney? Last but not least, which forms and/or petitions do I need to file in the state of New York?


Asked on 2/27/05, 12:48 pm

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: I really need help on this one!

Suggest that, you go to NY State Unified Court Web Cite and download Uncontested Divorce Packet.

Or, go to your local Supreme Court "Pro Se" Office, and request their Uncontested Divorce Packet; Or Purchase same from Blumberg or another Legal forms cite and download.

The complete Packet has instructions that should be carefully followed.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/27/05, 3:42 pm
John O'Donnell Attorney at Law

Re: I really need help on this one!

You can attempt an uncontested divorce without an attorney. You can obtain the necessary forms from the NYS Supreme courthouse or from the court systems website. When you are ready, you will need to serve your spouse with the papers.

What may complicate your case is not the grounds, abandonment, but the issue of equitable distribution. If there are assets that must be distributed, you may need to prepare a formal settlement agreement in addition to the court forms.

If you decide that you need an attorney, please feel free to contact me.

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Answered on 2/27/05, 7:44 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I really need help on this one!

This is an easy question and it might be best if we met in person where I can give you 30 minutes for free.

I can explain 'service by publication' and out of the US service and the required documents. Its not difficult, but it is a lot of paper.

I charge $750.00 for this type of case and have no problems getting my clients a valid, legal divorce.

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Answered on 2/27/05, 10:04 pm


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