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Daniel Yaniv
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Daniel Yaniv’s Answers

139 total


  • Are the divorce processes in the city still taking a bit longer than usual or is it back to the way it was the normal time?

    I will be getting married in July and i hope my divorce is processed by then.

    Daniel’s Answer

    As described, NY county will typically take anywhere from 3-6 months to process a divorce. If you are getting married in July filing in NY county would not be a great option. Contact our offices about our 30-day expedited divorce. This option would ensure your divorce is final in June.

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  • How could i speed up my divorce process if its an emergency matter?

    And is the process difficult? And proximately how long will it take ?

    Daniel’s Answer

    Depending on your emergency situation you have the option to make an application for a preference order - in NY county you will need a very significant reason before the court will expedite your case. Our offices offer a second option to expedite your divorce which may be substantially more effective if you basis for exepditing does not fall within those normally accepted by the court. Contact our offices for more information.

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  • Is a legal separation necessary prior to a divorce, if you've been separated for 9 years?

    My husband and I have been separated for 9 years. Do I need to obtain a legal separation prior to obtaining a lawyer for a divorce?

    Daniel’s Answer

    A legal separation is not necessary in order to proceed with a divorce. You may simply proceed using the "no fault" grounds.

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  • 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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