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Daniel Yaniv
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Daniel Yaniv’s Answers

139 total


  • 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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  • Got served with divorce/separation summons and also her complaints for divorce.

    i live in new York and she in Massachusetts . its an uncontested divorce , no kids or property whatsoever . since i got the summons don't know what next to do . I want the divorce too . Should i sign the papers and who do i send it to !

    Daniel’s Answer

    Even if you want to proceed with the divorce, I would recommend that you have an attorney review the documents to ensure that your rights are protected. By engaging an attorney you will save yourself from potential issues down the line - even if it is for the limited purpose of reviewing your paperwork. Better safe than sorry.

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  • I do not believe in divorce for religious reasons, however I do not want to contest it. What are my options?

    My wife is filing an uncontested divorce. Our case is simple since there is no conflict regarding assets, money or children. While I do not want to contest it, I would like to do something for my conscience that shows that this is her doing and ...

    Daniel’s Answer

    By allowing your spouse to enter a default judgment against you, you are essentially taking the risk that she may include things in the judgment that are against your interests. While I cannot speak to your religious convictions, perhaps you should file a notice of appearance just to be sure that there is nothing contained in the complaint that works against you. You may also want to consider entering into a settlement agreement - this does not mean that you are agreeing to the divorce but will certainly serve to protect your interests. Once that agreement is in place you can allow your spouse to proceed without any intervention on your end. I hope this solves your issue.

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  • I want to get the divorce - gay marriage

    i'm a man from barcelona and i'm married with another man. we got married 5 year ago in barcelona and now we want to get the divorce because things are not going well anymore. we are both currently working in the united states. is there any way we...

    Daniel’s Answer

    If you meet the Residency requirements you should not have any issue obtaining a divorce in New York. As long as both parties are cooperating with the process you can proceed with a simple and quick uncontested divorce regardless if this is a same-sex marriage or otherwise. Please consult with an attorney regarding the specifics or call for a free consultation.

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  • How long does it take for a simple uncontested divorce.

    Am based in new york city and she is based in maryland. no kids, no property or assets. and she filed for the divorce.

    Daniel’s Answer

    Provided both parties cooperate we have are able to have an uncontested divorce finalized within 30 days regardless of which New York county the client has resided. Generally, however, each county will have its own backlog. NY County is currently running 6-7 month backlog.

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  • Does a marital separation agreement need to be filed to be valid in NYS / if so will that affect the medical insurance benifits

    will i still be covered under my spouses medical benifits if the agreement is filed

    Daniel’s Answer

    While it is impossible for me to advise you regarding your entitlement to medical benefits without knowledge of the terms provided in the Separation Agreement, the agreement does not need to be filed in order to be binding . It would be a good idea ,to file it so that there is in fact, a record of the agreement.

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  • My Wife left our apartment with her daughter and found a new man and is staying with him. Can I file abandonment?

    What would I need to start the process?

    Daniel’s Answer

    Only if has been a year since she abandoned the marital residence (and it was unjustified). Otherwise it might be more practical to select a different grounds such as "irretrievable breakdown" of the marital relationship. Contact an attorney to start the process or call for more information.

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  • I want to get an uncontested divorce from my husband that was deported to Jamaica in 2002. How do I go about doing this?

    We have no property or bank accounts. We have one daughter and she is 23 years old.

    Daniel’s Answer

    An uncontested divorce can be simple and appropriate depending on several factors. This depends on whether you know where he is and whether he is willing to cooperate or not. If you know his location you can either have him served (process service) or send him a Defendant's Affidavit to execute (meaning he will accept service and cooperate with an uncontested divorce). The process can be very simple if he is cooperative, however, you will still need to address issues of custody and child support. Please speak with an attorney for more clarification.

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