Legal Question in Family Law in New York
Uncontested Divorce
I obtained a legal separation from my husband in 1969. I never pursued a divorce and have decided to do so now. I have had no contact at all with my husband since the separation papers were signed 32 years ago. I don't even know if my husband is still alive and have been unable to get any further information. All his relatives have either passed away or moved and I have tried to get info through the internet, but to no avail. Someone told me that if I am legally separated, I could have the legal separation just rolled over to a divorce. Under these circumstances, can I obtain an uncontested divorce in New York State? I do not have a lot of money to spare and would need to find the least expensive way to obtain a divorce. Thank you.
2 Answers from Attorneys
Re: Uncontested Divorce
Yes, you can file for an uncontested divorce.
You can do the paperwork yourself, but be aware, if it is not done correctly, the court will kick it back to you, again and again, until it is correct. Many attorneys, like myself, charge a low flat rate to put together uncontested divorce documents, and this could save you much time and heartache.
Re: Uncontested Divorce
Yes, you may convert
You will still need to "serve" your ex
Under the circumstances described, you
should be able to get an Order of Publication
This will increase your out of pocket expenses
by the cost of publishing in the papers
The balance should be straight forward, but
even at reduced rates of $ 75 per hour
you probably need 8 to 10 hours legal work
and filing fees of $ 345 in addition to the
publication
This is something I routinely do and you
may call at 716-235-2560 to make
retainer and payment arrangements
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