Shorten the Divorce Process by Waiver
Shorten the Divorce Process by Waiver
In almost any court proceeding, defendants have 20 to 30 days to answer a complaint. This is even true for uncontested divorces. Even though both spouses may consent to the divorce, and even agree on terms, one spouse will have to initiate the divorce proceeding by filing a complaint with the court. In an uncontested divorce, the defendant may not want to answer the complaint. Since the parties have already agreed to the terms of the divorce, the defendant has no reason to challenge the divorce. But since a defendant has 20-30 days to answer a complaint, there is an unnecessary delay in the process. The defendant can eliminate this waiting period by waiver and allow the case to proceed more quickly. This waiver can be made in the defendant’s affidavit, which is to be filed with the divorce.
Divorce Attorney in Mineola
If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn, Weber & Prakope, PLLC can help. Call our office at 516-858-2620 today to schedule a free consultation. We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.
Residency Requirements
Not just anyone can get divorced in a New York State Court. Only litigants meeting the residency requirements set out in the New York State Domestic Relations Law Section 230 will fall within the jurisdiction of a New York State Court. If litigants do not meet these residency requirements, their divorce cases will not be heard by a New York State Court.
Domestic Relations Law Section 230 sets out five possible ways of meeting the residency requirement. If satisfied, any one of these requirements will ensure that a litigant’s divorce case falls within the jurisdiction of a New York State Court. But, in order to avoid wasting time or other resources, it is important to ensure that at least one of these requirements is met before beginning a case.
Requirement #1
(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the marriage was performed in New York State.
Requirement #2
(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the spouses at some point lived together in New York State as a married couple.
Requirement #3
(1) One spouse has been a resident of New York State for one continuous year immediately prior to the date the divorce action began, and
(2) the cause of action arose in New York State. (The “cause of action” is the event or series of events that gives one spouse grounds to seek divorce.)
Requirement #4
(1) The cause of action arose in New York State, and
(2) both spouses are residents of New York State at the time the action arose (no time requirement).
Requirement #5
Either spouse lived in New York State for at least two continuous years immediately prior to the date the divorce action began.
If you would like to pursue a divorce in New York, and have questions about residency requirements or other issues, the Law Firm of Vaughn, Weber & Prakope, PLLC, is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a divorce attorney.
Uncontested Divorce
In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them. Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress. Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously. An uncontested divorce controls the manner in which a marriage is dissolved. Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed. It is very important that you find a competent professional to prepare and file your divorce. Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay. As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
Uncontested Divorce
It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused. An uncontested divorce is actually quite simple. In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution. If you fit these criteria, then your marriage may be ended via an uncontested divorce. If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar. Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed. Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment. The uncontested divorce process on average will take anywhere between three to six months to complete. Errors can double or triple that time frame. Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar. Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.
Long Island Divorce Attorney
If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!
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