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Filing uncontested divorce in New York City

Jamaica, NY |

Hello, I've been married for 8 years, but separated from my wife for over 4 four years now. She just moved to North Carolina a month ago, and we decided to file for our divorce. We have one child together, age 6, we agreed on filing uncontested divorce,. She did wanna filed it in North Carolina but she was told that she have to be in that state for at least 6 months, so she told me to file it here in nyc where I reside. As I stated before that we agreed on everything about filing uncontested. I would like some advice on what documents to file. Thanks.

Attorney Answers 4

Posted

There is a lengthy list of documents that have to be signed, notarized and filed - it's on the NY Court system website. You can attempt to work through that list on your own or hire an attorney to do it for you. An uncontested divorce is usually not terribly expensive.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Posted

You need to check out the Office of Court Administration's website which has the documents in Word and PDF. However, since there is a child involved you may want to consider using a lawyer because there are extra steps and requirements. First, you need not only to calculate the child support amounts, but must properly include the calculations in the papers. You also need to consider how visitation will work. Cross-state visitations are tricky and if you don't have a rock solid and legally binding agreement, you may never see your kid without going to court. Where will visitation occur, when will it occur, how will it occur? Who will pay the cost of travel? Have you consider the cost of child care? What about unreimbursed medical expenses? Who is covering the insurance? The list goes on.

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2 comments

Asker

Posted

Ok, but I'm taking care of my son, we both agree on no child support, she's my best friend she call up on me to do anything and I never say no, and I can ask her to do anything too, we have a really great friendship, as I said before she's willing to state that she's not putting me on child support, no health care etc.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

That doesn't amek it any easier, in my experience. Do you have custody or does she? And who makes more money? Support follows the money, and support stops in NC at 18 but 21 in NYS. And no matter what you two might think, the law hates it when nobody is paying support. And God forbid the hands on parent need gubbermint assistance: they will come after you. In other words, there is more for you to consider. Be grateful the two of you can still communicate as friends and try to keep that, but go into any discussion withopen eyes and a full head, especially if it is up to you to make the moves toward divorce.

Posted

You should really use an attorney when there is a divorce with children involved. The documents that need to be submitted are on the court's web site, however, they are voluminous and they require you to understand what you are doing.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

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Posted

My colleagues are correct. I want to emphasize the need for a lawyer because you have a child, and issues of custody, visitation and support must be dealt with in your separation agreement or stipulation of settlement. The more details that are spelled out today, the better, for it means less confusion later on.

I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice, even to questioners in NY, and no attorney-client relationship is hereby created.

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