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Daniel Yaniv
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Daniel Yaniv’s Answers

136 total


  • We want to file an uncontested divorce. My husband has said that he won't ask for any of my pension.

    If it is written and signed by him in a statement of our property distribution and debt division, can a court mandate that I pay him a portion anyway?

    Daniel’s Answer

    Generally speaking, if the parties expressly waive rights to equitable distribution of any marital property/assets or debts (including a pension) it is highly unlikely that the Court, on its own, will take issue with such waiver, provided that the agreement was entered into fairly and voluntarily.

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  • Hi..uncontested divorces are usually filed in which court please..family, civil or supreme? Thank you..

    Can't find the status of my uncontested divorce on ecourts

    Daniel’s Answer

    Supreme Court.

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  • What can I do to speed up my x signing my divorce stipulation it has been three months and he hasnt signed

    We are starting divorce after 23 yrs of marriage and x is stalling signing stipulation

    Daniel’s Answer

    Serving him with a Summons and Complaint might get him to take action quicker. Once served he will have no choice but to respond in some fashion otherwise you will have the option of entering a default judgment against him for the relief requested in the complaint. Please consult with an attorney as to iow to proceed.

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  • I processed my divorce 2 months ago in the city of manhattan, i currently reside in westchester, will the process take more than

    4 months because i processed it in nyc? or it wont make a difference?

    Daniel’s Answer

    Yes. New York County currently is running a 5-6 month backlog. Westchester County is a bit quicker but has also been experiencing delays for various reasons. I would estimate 4-5 months in Westchester County as of recently. There are other quicker options available - please visit our uncontested divorce website for more information.

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  • How I can get divorce if am not resident in United States

    I am in United States but my wife is in another country how I can divorce her from here

    Daniel’s Answer

    If you meet the NY residency requirements you may commence an action for divorce and then either (a) have the defendant sign the documents internationally (but acknowledged by a US notary) or (b) serve the defendant (this can be tricky as international process service is often subject to the Hague Convention rules). Once service has been completed you may proceed like as with any other matrimonial case and formalities. Either way it is advisable to have an attorney guide you through this process considering all the potential issues that may arise.

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  • Uncontested divorce

    Both my wife and I live in Brooklyn and agree to an uncontested divorce. Is it possible we can file it in NY County instead of Kings because the processing times are faster? If so is there anything additional we must do? Do we need to cite anyt...

    Daniel’s Answer

    Certainly. Your case may be filed in New York County under CPLR Sec. 509 - which allows filing in a third party venue. However, you may be interested in an even quicker option (as little as 30 Days). Contact our offices for more information or visit www.uncontesteddivorceny.com.

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  • Do I need a lawyer to file for a divorce ?

    I am filing for a uncontested divorce and how do I go about spousal support and retirement pension from my ex ?

    Daniel’s Answer

    If you and your spouse are in agreement these types of issues should be addressed in a stipulation of settlement before continuing with an uncontested divorce. While technically you can attempt to do this on your own, you'd be taking a risk as the court will reject improperly prepared documents - it can also be a very tine-consuming, daunting process for someone with little experience. There are affordable options available for uncontested divorces. Visit www.uncontesteddivorceny.com for more information.

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  • If my wife and I both want a divorce can we just sign the papers and mail them in for free?

    She's pregnant for twins (with her new bf) We both want the divorce, there are no children/financials involved

    Daniel’s Answer

    • Selected as best answer

    If both parties are cooperating you can certainly obtain an uncontested divorce. It's not free but can remain relatively inexpensive. You will need to address the fact that your wife is currently expecting a child but that should not be an issue. You may obtain further information by visiting www.uncontesteddivorceny.com.

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  • My husband refused to accept divorce papers from the server. He claimed to be his cousin. Does this count as being served?

    My husband has been refusing to accept papers for some time now. We aren't living together, and he will never answer the door or give any idea as to where he may be at any time. We've had significant trouble getting him served. Today he was loca...

    Daniel’s Answer

    It is advisable that you provide the server with a photo of the defendant so that, in cases such as yours, the defendant can be served even if he is claiming to be somebody else.

    In any event, if you have additional proof that the address you are attempting to serve the defendant at is in fact the defendant's home address and the server provides an affidavit of due diligence detailing his/her attempts - you may make an application for alternate service whereby the court will, upon approval, allow you to serve by "Nail & Mail." That is leaving a copy of the summons at the door and mailing a copy by certified and regular mail (or as otherwise directed by the court).

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  • Switch contested divorce to uncontested

    Hello, I filed for divorce last year and I would like to switch my divorce from contested to uncontested. Is this possible? me and my spouse have come to an agreement on our own but it seems like the lawyers are dragging us through the system whic...

    Daniel’s Answer

    Certainly. You have two options. (1) Simply advise the court that you have reached an agreement and enter the stipulation with the Court along with the appropriate filing requirements; or (2) if you and your spouse are in agreement, you can discontinue the present action and submit a new action as an uncontested matrimonial. This will prove to be quicker and less expensive for both parties. Be sure to consult with your attorneys (or new counsel if you are unhappy with the attorney you have retained).

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