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Can someone assist me with some advice

Brooklyn, NY |

if i need to file for a divorce in the state of Ny what court do i obtain the papers, is there a fee for the papers from the court, or can teh forms be download online? if we both agree to sign the papers with no strings, how long does it take in NY for a divorce to be finalize if no problem?

Attorney Answers 5


  1. Best answer

    Start here on the Court web site:

    http://www.courts.state.ny.us/divorce/forms.shtml

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. As noted by other counsel, you can get the forms and an instruction kit online. You can also go to the local supreme court clerks office and pick up the instructions and forms. There is no charge. Once the papers are submitted it can take anywhere from 4 to 20 weeks to be signed based upon the county you submit them in (that is if the papers are not returned for correction).

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


  3. You can go on the website suggested by Mr. Rothstein or check with the clerk in the county you reside and ask if they have pro se packages. There are fees for various steps of the process but that can also be explained by the clerk. There is no way to give an answer as to how long it will take as each county, and each judge, works at a different case. One would expect that once the papers are accepted by the court it will be a number of months before the divorce if finalized.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  4. There are fees and in my opinion an uncontested divorce is still very complicated. If you are really in brooklyn as your question states, it can be a long process, upwards of a year and even longer if the papers are not correctly filed. If you'd like an attorney to prepare the application (which I recommend) my firm handles such cases in NY.
    Regards,
    Nicklaus MIsiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  5. The site the prior attorney listed will get you to the forms. They are filed in the Supreme Court in the County where you or your wife/husband live. There are filing fees that total just under $400 by the time you are done. The forms are confusing and there are no instructions. You will still have to have some kind of written agreement with your spouse resolving any underlying issues such as custody, support, property division etc.... Invest in the cost of getting at least a consult with an attorney for some instruction. Presuming everything goes smoothly, and depending on how busy your courts are, start to finish could be 3-4 months on average.

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