On October 12, 2010, a new law took effect in New York State which added No-Fault Divorce grounds as an option for New York uncontested divorce filers to use. This would require at least one party to swear under oath that the marriage has irretrievably broken down for a period of six months or more.
I hired an online company out of New York State to Prepare My Divorce Documents, now the court has rejected them. What do I do now?
Unfortunately there are many companies online that are preparing inadequate, outdated or flat out incorrect New York State divorce documents. If the documents themselves were deficient in some way, ask that the company fix any problems or ask for your money back from them, although that may be difficult if they are out of state. If you paid by credit card, contact your credit card company about the sale and whether they can facilitate a refund for you. Keep in mind the court generally will not refund any of your court fees. Then hire a local, in-state document preparation company like We the People NY to help you with your next filing. We the People NY adheres to all industry standards, and we meet all of the American Association of Legal Document Preparers guidelines for hiring a quality, reputable legal document preparation company.
The New York State Unified Court System has an uncontested divorce packet on their website. Why should I use a legal document preparer when I can probably do it myself?
The difference is just $499.00, as the court fees are the same for all filers. However, this will be your first time filing for an uncontested divorce in New York. Sure, you can spend all your vacation time from work studying up on how to file for uncontested divorce in New York State and running around to the court clerk's offices and the Notary Public, but do you want to? And if you make a paperwork mistake and your divorce is rejected by the court, you might have to start all over again and you may not be refunded your court filing fees of $335.00. $499.00 is a small price to pay for peace of mind knowing your divorce documents will typed using all the standard and up to date court forms.
The term "uncontested" generally refers to that fact that neither party in a court action is interested in fighting the other party and neither party chooses to hire an attorney. We the People can only assist in preparing standard documents for uncontested court matters. If, for example, your spouse has hired an attorney to file for divorce, We the People cannot help you. We recommend you seek a competent matrimonial attorney of your choice in that situation. If you are unsure as to whether you can successfully utilize the services of a computerized document preparation service, you should have a consultation with a matrimonial attorney first.
I am a spouse in a same-sex marriage, and my spouse and I want to get divorced. Can We The People help us?
Yes, if you and your spouse can agree on all the important issues like marital assets/debts and minor children's issues, then we can assist you in preparing the documents for your uncontested divorce. We welcome members of the LGBT community. We offer a safe and accepting office atmosphere for our LGBT customers. In fact, We the People NY prepared the paperwork for the first pro se same-sex divorce in New York State!
Usually, that information is included as a standard clause in a New York State Judgment for divorce, so that the spouse (defendant) may resume using their prior surname or any other surname she was previously known as. Once your divorce is granted, the Certified Copy of your Judgment for Divorce can be used as proof at the Social Security Administration and at the New York State Department of Motor Vehicles that you are allowed to use your maiden name again. We suggest you start by changing your name at the Social Security Administration and at New York State DMV, then once your ID is changed, you can change your information with your employer, your bank and other entities.
Many people access the Family Court System in New York State prior to filing for divorce and are used to the fact that there are no filing fees in the New York State Family Court System. However, divorces are granted in New York State Supreme Court, which is a higher court than Family Court. New York State Supreme Court does set filing fees in uncontested divorces. In most counties, those court filing fees will total $335. The court systems in every state need to take in revenue in order to operate the courts properly and pay judges and court personnel. It is reasonable for the courts to ask those seeking to use the court's time and resources help pay for those costs. You must expect to incur filing fees if you are seeking to file for divorce in New York State.
There is a way to obtain a divorce in New York State even if you are unable to find your spouse. You can obtain a “Divorce by Publication” if you cannot find your spouse. In order to do so, it is mandatory that you know your spouse’s social security number. Please contact our office for more information.
Most of our divorce document preparation customers come from the five boroughs (Counties of New York, Kings, Queens, Bronx, Richmond) in addition to Westchester, Nassau and Suffolk counties.