FAQ’s

uncontested divorce in new york

Why should I choose Divorcefilers over other services?

We do it ALL for you:   Most firms make you do the legwork by forcing you to “run around” at the Courthouse, they make you fill out your own paperwork and you have to follow up the process and pick up your final Judgment of Divorce.  If there is an error in the paperwork, YOU have to fix it. When you retain the office of DivorceFilers to file your uncontested divorce, we do EVERYTHING for you. We register your case by obtaining your Index Number, we prepare ALL paperwork and we file EVERYTHING for you. We obtain your final Judgment of Divorce and make sure you receive it.

Experience:  Divorcefilers has been filing divorces since 1981. We offer free, no obligation consultations and that means no charge and no pressure to do anything except get all of your questions answered honestly and professionally by a firm that has been in business for over 30 years. It is up to you to decide if and when you want our assistance.

Personal service:   Your case is unique and very different, in many ways, from every other case that we handle. We recognize this and offer you specific help to handle and resolve your particular needs. Your case is handled on an individual basis.

Fast service:  Unlike many services which “pile up” their cases before they are filed with the court, (this process saves filers a lot of money), Divorcefilers prepares and files each and every case immediately. Cases are “registered” (the Index Number is purchased) the same day as the case commences. Divorcefilers believes that your time is extremely valuable and when you decided to obtain a divorce or annulment, you made a conscious decision to “get on with your life.” Divorcefilers will help you achieve this goal by preparing and filing all matrimonial documentation accurately and expeditiously.

Economical:  Why pay expensive legal fees if there are no legal issues in dispute? Divorcefilers will get you the same result for much, much less. See our Pricing Policy page for processing costs and expenses (court costs).

We welcome you to compare us against all other services. We are confident that you will find that our unique, affordable and personalized service offers you the simplest and most economical way to an uncontested divorce or annulment.

Are any court appearances required?

While a Supreme Court Judge always reserves the right to call litigants into Court, if the paperwork is accurately and professionally presented, the chances of this occurring is minimal.  Divorcefilers prepares and files all of the court documents for you, accurately, professionally and with a quality control system which pays attention to detail. We even obtain your final, certified copy of the Judgment of Divorce or Annulment for you. You do not have to deal with the pressures and frustrations of going to court.

How long does it take to process a divorce in New York?

While every Supreme Court Judge has a different working backlog, the average processing time for a Judge to approve a divorce or annulment is approximately 120 days. Unfortunately, some Judges do experience more severe backlogs which can cause a case to be delayed. While we obviously do not control the Court system, we utilize all efforts possible to efficiently obtain the final result in the shortest time possible. When the divorce or annulment is final and the Country Clerk has “entered” the Judgment, which can take an additional 4-6 weeks, we obtain your final, certified copy of the Judgment of Divorce or Annulment.

Do you only file Uncontested Divorces?

While most of our clients are seeking uncontested divorces, we also file uncontested annulment matters and separation agreements. Remember, we do not offer legal advice or counsel, however, if there are no contested issues, you do not need to pay the high fees for legal services.

Must my spouse sign divorce documentation?

While the fastest and most economical way to obtain an uncontested divorce is by obtaining your spouse’s signature, this is not always possible and it is not legally required. If your spouse refuses to sign a consent to an uncontested divorce, your spouse will have to be served by a process server with a Summons with Notice or a Summons and Complaint. If your spouse fails to respond within an allotted time, you will win the divorce case by default. If you cannot locate your spouse, you will need to pursue a divorce by publication which can become extremely costly. We always suggest that you do everything possible to locate your spouse.

Does it matter where my marriage took place?

No. As long as you meet the residency requirements, you may file your divorce in New York.

New York State Residency Requirements:

In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. The requirements are as follows:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Does Divorcefilers only file divorces, annulments, etc. in the State of New York?

Yes. Please be aware that if only one spouse resides in New York, if that spouse meets the residency requirements of New York State, the divorce may be filed in New York.

Does Divorcefilers handle divorce matters when children are involved?

Absolutely. Most of our clients do have children who were born during the course of the marital relationship. Issues of custody, visitation and child support can be easily handled by and through Divorcefilers if both parents are willing to cooperate and agrees with one another in the best interests of the child(ren).

How are fees paid?

Our office accepts all major credit cards, personal checks, PayPal, money orders and cash.

What is the  Refund Policy?

DivorceFilers has a formal refund policy, which details the charges we assess against your initial payment should you cancel your divorce process before completion. We highly recommend that you do not initiate a divorce case with our organization unless and until you are confident that you are financially and emotionally ready to see the case to completion.

Consideration has been given to make our refund policy as fair and equitable as possible while allowing our organization to continue to provide top quality services at a reasonable cost. Please understand that the moment a divorce case is initiated with our organization upon the receipt of ANY DEPOSIT, your divorce is immediately established and set up and the entire package of divorce documentation is immediately prepared. THEREFORE, PLEASE DO NOT COMMENCE A DIVORCE CASE UNTIL YOU ARE ABSOLUTELY READY TO PROCEED. 

We have broken down the charges to fairly reflect the time and work it takes to initiate, set-up and prepare your documents. Please note that you have up to twenty four hours from the time your file is opened to cancel for a 50% REFUND OF THE PROCESSING FEES ASSUMING THE PROCESSING FEES HAVE BEEN FULLY PAID PLUS THE COURT FILING FEES ASSUMING NO FILING FEES HAVE BEEN PAID TO THE SUPREME COURT. THEREFORE, ANY DEPOSIT TOTALING LESS THAN 50% OF THE PROCESSING FEE IS NON-REFUNDABLE. After 24 hours has elapsed, the only refund available consists of any filing fees not yet paid to the Supreme Court AFTER the 50% refund policy has been applied.

A refund will be processed within ten business days of our having received written request for cancellation of our services. Written requests should be signed, dated and faxed or e-mailed to us and must be received within 24 hours from initial payment.

Disclaimer:  This Website provides general information only related to the divorce process designed to help users safely cope with their divorce issues. This website does not provide legal advice and Provider is not a law firm. None of our customer service representatives are lawyers and they also do not provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

© 2016  DivorceFilers.com. All Rights Reserved. Unlawful duplication without express written permission of DivorceFilers.com is prohibited by Law. This site does not provide legal advice, counsel or legal representation to viewers of the site, its customers, clients, purchasers, or any other persons or entities under any circumstances.


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