FAQ

My husband and I share an apartment rental. We both have jobs. We have an 8-year old daughter and we are married for 11 years. We fight all the time. Is there a way we can go our separate ways without a war breaking out?

If you tried every resource, including family counseling, there is a way to divorce amicably – it is called Uncontested Divorce and you and your husband can agree on a Settlement Agreement setting up a post-divorce custody, visitation, and parenting plan for your daughter, as well setting up the terms of spitting up your joint property (bank accounts, retirement accounts, etc.) and any other issues important to you as a family. Divorce does not have to mean war.

We separated with my life 6 years ago, she lives with our kids in another state and I am paying child support after a Family Court order. I can barely afford my rent. Will I lose everything if I file for a divorce now, I am already struggling with the payments I make now?

There could be a way out via an uncontested divorce – a divorce without litigation. You and your wife can work out a settlement agreement as part of your uncontested divorce for a lower child support payment in exchange for her receiving certain parts of your joint marital property (bank accounts, real property, retirement accounts earned during the marriage by either one of your or both of you).

My wife and I have a very difficult relationship with a history of orders of protection. We have been married for 2 years and I don’t think I can take this anymore. We bought an apartment right after we got married, but most of the money was mine. She locked me out of our apartment. The police told me I cannot go back in other than getting my personal belongings. Is there a way for us to divorce without a prolonged divorce court battle, I don’t want to lose my apartment?

Sometimes, it is better to get divorced and end a difficult relationship like yours to avoid even worse problems (like jail time or serious injuries). The apartment you purchased after the marriage is joint marital property. But that does not mean that you have to split it up 50/50. Since most of the money was yours, there is a way to work out a peaceful uncontested divorce settlement agreement where you receive most of the equity (the non-mortgaged) part of your apartment and can move on with your life.

I just got served with a Summons for a Divorce. I don’t really understand what I have to do now. Does this mean that I now have to go to Court?

You must first see a lawyer to figure out what your spouse is looking for in the divorce, if that was in the papers you were served. This, however, does not mean that you will necessarily have to do court litigation for your divorce. There is a way to protect your rights and get a peaceful divorce resolution via an uncontested divorce if both you and your spouse can work out the terms of the divorce and how you will deal with your kids, if you have them, and property.

I have not seen my husband in over 4 years. I met someone else and now want to get remarried, can I marry my boyfriend now?

First, you must check the State divorce records to ensure your husband did not somehow divorce you already (without properly informing you or serving you). If there is no divorce in the records, you must divorce your husband. You are probably still married. You may not marry anyone else until you hold the Judgment of Divorce in your hands. To divorce your husband, you must make sure that he receives service of divorce papers. That means that you must use one of the legal ways to have him informed of the divorce – whether by him receiving the divorce summons personally, or – if you cannot find him – by service by publication.

I married my wife in a religious ceremony. We did not go to City Hall for the civil ceremony. We have a baby. But I do not feel in love with my wife anymore. I want out. My parents tell me that we are not married because we did not go to City Hall and I can just leave and I do not have to give my wife anything since we are not legally married. What should I do?

NY has recently begun recognizing religious marriages as official marriages. First, even if you are not legally married and plan to live away from your child, you will have to pay child support proportional to your income for the sustenance of your child. Second, your wife may be entitled to equitable distribution of your property (splitting up of some of your property) since religious marriages are now recognized by the NY courts as equal to civil marriages. You should see an attorney before you make any decisions about separation and divorce and there is still a chance to have a peaceful uncontested divorce resolution.

I have 4 kids and have been married for 26 years. My husband found someone else and wants to divorce me. He is willing to give me our house and pay for all the kids’ college education expenses. Although it is very sad, but I am not interested in being tied up in court for years and we both agree to a quick divorce. What is the best course of action for me?

Since you and your husband have a head start on a settlement, an Uncontested Divorce seems to be the right course of action. You and your attorney can hammer out a Settlement Agreement with all the important terms of the divorce – concerning the kids, property, and working out the children’s wellbeing, education and financial needs for the future.

My wife and I are married for 8 years. We both want to get divorced. She wants to move back to another state where most of her family is. We have no kids, no property, and no money for a huge divorce. Is Uncontested Divorce going to cost a lot?

It sounds that an Uncontested Divorce is the most affordable option for your family and will take care of your biggest concern – to move on with your lives. We recommend to move quickly with filing for an Uncontested Divorce and have your spouse sign the documents agreeing to the divorce to allow her to relocate while the court signs off on the divorce without either of you ever setting a foot in court.

I am a licensed professional in the medical field and received my license during the marriage. My husband worked while I was in school and we have 1 son together. We have been having serious problems in our relationship and I am very tired of fighting all the time and want a divorce. What should I do to protect my own rights and the rights of my son?

If you and your husband can work out the terms of child custody, visitation, a parenting plan, and how to divide up your marital property (including dealing with the issue of your professional license being joint marital property since he helped you earn it during your marriage), you will be able to get divorced with minimal court involvement.  Your situation calls for an extensive Settlement Agreement with all the terms spelled out of how your life will look like after the divorce and our law firm can ensure that your rights are fully explained and protected.

My wife and I own a 2-Family house. We have a 13-year old daughter. Things have been very bad between us and we want a divorce, but we have been living in the two separate units in the house for years now and we both want to keep living in the house together for the sake of our daughter after the divorce. Do we have to sell the house if we are planning to divorce?

The short answer is no. You and your wife may get a peaceful resolution ending your marriage in an Uncontested Divorce with a settlement agreement and agree to remain joint owners and joint residents at your house even after the divorce.  You may agree to stay joint owners and residents indefinitely, or even set a time at which you agree to sell the house (like when your daughter turns 21 or moves away to college). This is one of the great benefits of the Uncontested divorce, that both parties are free to work a settlement agreement out that fits their family’s needs without having the court dictate how they should proceed with their lives.