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Daniel Yaniv
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Daniel Yaniv’s Answers

137 total


  • Should I file for a motion of preference to expedite my uncontested divorce as I need it finalized before May (for immigration)?

    A conditional greencard holder, I filed for uncontested divorce in January. At the same time, USCIS is processing my immigration petition to remove the conditions on my greencard. I just received a request for further evidence ...

    Daniel’s Answer

    While I can't say whether an order for preference will be granted in this matter there are other more certain options available to ensure that your divorce is final prior to May.

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  • My ex-husband filed our divorce papers in NYC and incorrectly entered my social security number. How do I resolve the issue?

    My ex did not hire a lawyer and he filed our papers himself in NYC. The decree was stamped and approved, but my social was incorrectly entered. This was brought to my attention when I recently filed for financial aid at CUNY. They are withholding ...

    Daniel’s Answer

    It looks like you will need to submit an amended judgment of divorce to the court to be signed by the judge. If your ex is willing to sign off on the amended judgment you can simply submit it to the court along with an affidavit explaining the clerical error.

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  • My husband is not contesting to the divorce but he is in pa incarcerated and i am in ny what do i do?

    we have 1 child together and he is incarcerated. he said that he will not fight the divorce

    Daniel’s Answer

    Simply have the Sheriff's offices serve him with the summons and you may then proceed to request entry of a default judgment of divorce. This is of course provided he doesn't contest the divorce.

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  • Legally separated for 5 ½ years. What would be the least expensive way to file for divorce in NY? 3 kids no house.

    we get along great but looking to keep cost down for both of us.

    Daniel’s Answer

    A no-fault divorce would be the simplest and least expensive route. No court appearances required. Please visit our website for more information and fees.

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  • NY Uncontested Divorce: Is a Stipulation of Settlement required even when no children, no property/debits and no maintenance?

    My wife and I agree to file an uncontested divorce ourselves. We have no children, no marital assets or marital debts, and both of us will waive spousal maintenance. My understanding is that although a Stipulation of Settlement is not an ...

    Daniel’s Answer

    • Selected as best answer

    As a general rule its always a good idea to have a basic stipulation of settlement in place wherein both parties expressly waive any future claims etc. That said, you certainly can proceed without a stipulation - simply advise the Court in your affidavits that all property has been divided and that neither party is seeking equitable distribution.

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  • NY Uncontested Divorce: Is a Stipulation of Settlement required even when no children, no property/debits and no maintenance?

    My wife and I agree to file an uncontested divorce ourselves. We have no children, no marital assets or marital debts, and both of us will waive spousal maintenance. My understanding is that although a Stipulation of Settlement is not an ...

    Daniel’s Answer

    As a general rule its always a good idea to have a basic stipulation of settlement in place wherein both parties expressly waive any future claims etc. That said, you certainly can proceed without a stipulation - simply advise the Court in your affidavits that all property has been divided and that neither party is seeking equitable distribution.

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  • I was served with summons with notice, what should I do next?

    My wife filed for divorce and I was served with summons with notice. Is by contacting her lawyer considered that I respond within the 20 days period, or am I suppose to do it through the court?

    Daniel’s Answer

    Contacting the attorney alone is not a response. You will need to file a Notice of Appearance with the court and serve the Notice on your wife's attorney. Here is sample http://www.nycourts.gov/courts/6jd/forms/SRForms/otherfms_ntcappanddemand.pdf.

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  • I filed for uncontested divorce in April 10, 2013 and it now July how long does it usually take in NYC to be finalized

    I filed it on the grounds of adultery since he has been living with someone for our entire marriage we have no property, bank account and we both agree to the divorce we have 5 children together only one is under the age of 18 and I dont need chil...

    Daniel’s Answer

    Typical processing time for an uncontested divorce is 6 months in NY County.

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  • I need a lawyer for an uncontested divorce.

    No property or children involved. Paying a one time lump sum to the spouse as an agreement that needs to be stated on the divorce papers and also state all previous contracts are null and void and that the husband holds no further liabilities.

    Daniel’s Answer

    You will need a settlement agreement outlining the terms between you and your spouse. The process is quick and simple in NY (no court appearances required). Visit www.uncontesteddivorceny.com for more information.

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  • I was married in NJ, can I fill for divorce in NY State?

    Married in 1981, separated in 1984 unofficially now live in NY State while she still lives in NJ (I think). Can I file in NY?

    Daniel’s Answer

    If you have resided in NY State for at least a year you should be able to file a NY based divorce.

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