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Daniel Yaniv
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Daniel Yaniv’s Answers

142 total


  • Once an uncontested divorce is filed, is it possible to then file a petition to expedite it?

    My fiance filed in May, but the court misplaced some paperwork and sent it back 6 weeks later. He had to then resubmit with proof of the original paperwork (they admitted error) but we lost that time. We wanted a November wedding and with the May ...

    Daniel’s Answer

    Most counties do not accommodate such requests but you may certainly contact the matrimonial part in Nassau County and explain the situation - perhaps they can make an exception. You may need to file an application or motion documenting the circumstances. Alternatively, you may find it less stressful and quicker to file a new uncontested divorce in an alternate county (pursuant to CPLR 509) where cases are processed in under 2 months. Please contact a qualified attorney for more information.

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  • Uncontested divorce costs and ease

    I am looking to divorce my husband and believe that it will be uncontested. Are children are grown & I am 65 & my husband is 73. We have a lot of bills but everything will be split evenly. We just want to part ways. Will this be costly and can i...

    Daniel’s Answer

    An uncontested divorce is generally the quickest and most affordable option for a divorcing couple. While the cost can vary you can find services available for less than a thousand dollars.

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  • Divorce pending for 60 days in manhattan

    I had a defetive papers back in dec.2013, but everything was taken cared and my case was resubmitted last 12/31 it has been a long wait, how long should I wait more? If the judge signs it, what will be the next?. & lastly, how long is the typical ...

    Daniel’s Answer

    Unfortunately New York County is experiencing significant delays due to recent budget cuts. This delay is not unusual for an uncontested divorce.

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  • Im trying to get a non contested divorce with my wife who now resides in Ireland, I am in New York

    Im trying to get a non contested divorce with my wife who now resides in Ireland, I am in New York and we have a NY state marriage, There is no property or items to be split up or no kids involved. Im goin to Ireland next week and going to bri...

    Daniel’s Answer

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    You have 2 options. The simplest would be for your wife (the defendant) to execute an affidavit accepting service. If she won't then you will need to have a third-party serve her personally as you may not act as a process server in this matter. The server will need to complete an affidavit of service and have it notarized. All signatures must be before a US notary public - you will need to visit the US Consulate/Embassy in Ireland in order to this.

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  • Do i have to file for a divorce in the county we got married in?

    I got married in the bronx and my husband is now in jail. I moved to Virginia and joined the navy and would like to file for a divorce, can i file in VA or i have to go back to the bronx. And since he is in jail will he be served or do i ev...

    Daniel’s Answer

    As long as one of you meets the NY residency requirements you may file in NY. You may also file in VA if you meet VA's residency requirements. Regardless, you will need to have your husband served (or accept service through an affidavit).

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  • Should I file for a motion of preference to expedite my uncontested divorce as I need it finalized before May (for immigration)?

    A conditional greencard holder, I filed for uncontested divorce in January. At the same time, USCIS is processing my immigration petition to remove the conditions on my greencard. I just received a request for further evidence ...

    Daniel’s Answer

    While I can't say whether an order for preference will be granted in this matter there are other more certain options available to ensure that your divorce is final prior to May.

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  • My ex-husband filed our divorce papers in NYC and incorrectly entered my social security number. How do I resolve the issue?

    My ex did not hire a lawyer and he filed our papers himself in NYC. The decree was stamped and approved, but my social was incorrectly entered. This was brought to my attention when I recently filed for financial aid at CUNY. They are withholding ...

    Daniel’s Answer

    It looks like you will need to submit an amended judgment of divorce to the court to be signed by the judge. If your ex is willing to sign off on the amended judgment you can simply submit it to the court along with an affidavit explaining the clerical error.

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  • My husband is not contesting to the divorce but he is in pa incarcerated and i am in ny what do i do?

    we have 1 child together and he is incarcerated. he said that he will not fight the divorce

    Daniel’s Answer

    Simply have the Sheriff's offices serve him with the summons and you may then proceed to request entry of a default judgment of divorce. This is of course provided he doesn't contest the divorce.

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  • Legally separated for 5 ½ years. What would be the least expensive way to file for divorce in NY? 3 kids no house.

    we get along great but looking to keep cost down for both of us.

    Daniel’s Answer

    A no-fault divorce would be the simplest and least expensive route. No court appearances required. Please visit our website for more information and fees.

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  • NY Uncontested Divorce: Is a Stipulation of Settlement required even when no children, no property/debits and no maintenance?

    My wife and I agree to file an uncontested divorce ourselves. We have no children, no marital assets or marital debts, and both of us will waive spousal maintenance. My understanding is that although a Stipulation of Settlement is not an ...

    Daniel’s Answer

    • Selected as best answer

    As a general rule its always a good idea to have a basic stipulation of settlement in place wherein both parties expressly waive any future claims etc. That said, you certainly can proceed without a stipulation - simply advise the Court in your affidavits that all property has been divided and that neither party is seeking equitable distribution.

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