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If my wife and I both want a divorce can we just sign the papers and mail them in for free?

Troy, NY |
Filed under: Divorce Child support

She's pregnant for twins (with her new bf) We both want the divorce, there are no children/financials involved

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Attorney answers 6

Posted

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.

Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

Posted

You need to prepare the divorce paper, you both need to sign, with notary and pay the filing fees of $335. By the way, you are legally presumed to be the father of the children since they were conceived during the marriage. I suggest you consult with an experienced divorce attorney near you.

Asker

Posted

we haven't been together sexually or living together for over a year now, does that change things?

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

You are legally presumed to be the father of any child conceived during the marriage. Your wife can try to collect child support from you. You really need to sit down and discuss this with a lawyer near you.

Posted

You will still need to pay the filing fees. You could go down to the county clerk and ask for the uncontested divorce packet, however I recommend consulting with a divorce attorney first since as counsel noted, you are the presumptive father and you need to make sure that she cannot come after you for child support.

Asker

Posted

She doesn't want to do that, she wants the divorce so I don't have to pay for them, or so she says

Lori Noel Bovee

Lori Noel Bovee

Posted

She would not be the person to say that and change her mind. It would be in your best interests to make sure you are protected legally so that she can't come after you later for child support.

Asker

Posted

Then I will get dna tests done cause they aren't mine.

Lori Noel Bovee

Lori Noel Bovee

Posted

That is not necessarily dispositive. If that's a risk you want to take, that's your choice. The county clerk can give you the paperwork for an uncontested divorce.

Posted

There is a packet that people can use to do their own divorce. However, it is complicated and, if you make a mistake, it could cost more to have a lawyer fix it. I urge you to hire an attorney to do the uncontested papers. Most attorneys charge a reasonable flat fee for this type of case.

* This information is general legal information and is not intended to be advice on your particular case.

Posted

I agree with the other lawyers: either go to the court to try and do the uncontested divorce yourself or hire a lawyer to do it for you. Since time is important, you are probably better off paying a lawyer to do it.

Posted

There are court filing fees for a divorce. It is best to have an attorney prepare the uncontested paperwork.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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