Frequently Asked Questions
Divorce299.com is a premier company that handles uncontested divorces and annulments. Majority of cases we handle involve parties filing for amicable divorce, meaning that parties are in agreement to sign consent to divorce and agree on issues relating to property division, child custody, visitation, or child support. Other case scenario involves cases when party of the action is properly served but fails to answer the Summons. In that instance the Plaintiff or Petitioner might seek a default judgment by application to the court. Our service includes preparation, filing, and retrieval copies of divorce/annulment judgment.
How do I file for divorce?
If both spouses agree to divorce, and all issues concerning assets, child support, custody, or visitation has been settled, filing for uncontested divorce can save time and money through court proceeding. Fill out the N.Y Questionnaire / N.J. Questionnaire for divorce and an associate will contact you to walk you throughout the entire process. All the necessary documents are prepared on the premises. Upon authentication, your case will be hand-delivered to the nearest Court having jurisdiction over your residency to ensure proper filing.
When the Defendant is served but does not answer the legal pleadings, Plaintiff might seek a default judgment. If the divorce is started with Summons with Notice then the grounds will have to be proven by Plaintiff's affidavit. Uncontested divorces are also granted after the Defendant appears and waives the right to answer the complaint. In these cases the defendant neither admits nor denies the Plaintiff's allegations, it is up to the Plaintiff to prove the allegations by testimony or affidavit in such a case.
In most uncontested divorce proceedings, with or without children, there is no court appearance (exception are cases in N.J. where usually Plaintiff is requested to apear). In the case of Poor Person order (motion to waive court fees) or Motion to Expedite, the court might request either spouse to appear.
With Divorce299.com you will have the option to file the documents on your own or have Divorce299.com file them for you. One way or another, Divorce299.com will help you complete all necessary documents to ensure proper and delay-free processing.
If you have an upcoming marriage (booked ballroom, letter from priest/church, contract for catering, invitation with date of marriage, etc.) or other emergency, the divorce processing might be expedited. Please keep in mind that it is upon discretion of the court to the grant the expedited processing.
Upon request, we will provide you with a link to the New York Unified Court System where you can access and monitor the progress of your case on-line, or set up an account for divorce/annulment automatic updates.
Contested Divorce. The grounds for divorce may be decided by a jury or by a judge, all other ancillary relief is considered equitable in nature and must be decided by the judge alone. The grounds in all cases must be specifically stated in the complaint, giving factual details, dates, and actual places of occurrence. Lack of proper content is not an affirmative defense; the plaintiff must prove the allegations even if uncontroverted; proof is made according to the general rules of evidence. Failure to state a cause of action will result in a judgment dismissing the complaint. Divorce may commence by means of filing and service of a Summons with Notice on the defendant. The defendant must then make an appearance and demand for the complaint by the plaintiff, or is at risk of having the plaintiff granted the divorce by default. Once the case is filed and served the parties must request a Preliminary Conference within ninety days if the case is to be treated as a contested divorce. Such Preliminary Conference will be scheduled if one of the parties files a "Request for Judicial Intervention" (RJI) with required fee. At the Preliminary Conference the court may deal with interim issues, (i.e. temporary custody, child support, attorney fees or spousal support) and will schedule discovery between the parties that includes the valuation of assets and pensions to be divided between the parties.
Uncontested Divorce If all the issues are decided between the parties they may agree to submit the papers to the court for approval; this is known as an uncontested divorce. When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court. If the divorce is started with a Summons with Notice then the grounds will either have to be proven by plaintiff's affidavit or by testimony at an inquest if the divorce is uncontested or to be granted by default. Uncontested divorces are also granted after the defendant appears and waives the right to answer the complaint. In these cases the defendant neither admits nor denies the plaintiff's allegations, it is up to the plaintiff to prove the allegations by testimony or affidavit in such a case.
Divorce is probably one of the most difficult experiences a person can endure. In addition to mourning the loss of a cherished relationship, you also have to navigate a complicated legal process. But if you and your spouse still have a functional relationship and are able to work together, you may be able to get an uncontested divorce that will save you time and money. Our goal is to make the process quick, easy and very affordable. We prepare all necessary forms and applications in a matter of minutes. We do accept Walk-ins or for these homebound or simply busy with can arrange to have the paperwork sent via mail or email.
Representative of Divorce299.com will explain in details the process of filing, necessary documentation and evidence (if necessary), approximate waiting time, and generally all aspects of filing for uncontested (amicable) divorce. You will be able to monitor the progress of your case online and the Divorce299.com will assist you throughout the entire process.
How to file for same-sex divorce in New York?
Couples in same-sex marriages can generally obtain a divorce only in jurisdictions that recognize same-sex marriages, with some exceptions. Same-sex couples attempting to divorce in Texas, which does not recognize the validity of same-sex marriages, have met with different results and two cases are pending before the Texas Supreme Court. Two women who had legally married in Massachusetts and moved to Florida are challenging that state's ban on same-sex marriages in order to divorce. The Florida litigants' petition for divorce was dismissed by the trial court, but they are appealing, and the Family Law Section of the Florida Bar has moved to file an amicus brief in favor of the right to divorce by same-sex spouses. The federal government's denial of recognition to same-sex marriages prior to United States v. Windsor meant that prior to 2013, the assets transferred in a divorce settlement were treated as gifts. Same-sex couples in states that deny them access to divorce can end their legal relationship at greater cost by bringing a civil suit. When Delaware and Minnesota legalized same-sex marriage in May 2013, they gave their respective state courts the authority to conduct divorce proceedings in cases where a same-sex couple married in the state but neither party resides in a state that recognizes their marriage.
Are you an online company?
No, we are not an online company. We have an office at 469 Seventh Avenue (between 35th and 36th Street), Suite 743 (7th Floor) New York, New York 10018. We only use Internet as a tool to communicate with clients. However, if you feel more comfortable to see us face to face, you are more than welcome to visit our office. Remember - All consultations are free.
Where are you located?
Our office address is 469 Seventh Avenue (between 35th and 36th Street), Suite 743 (7th Floor) New York, New York 10018. We are one block away from Macy’s and New York Penn Station.
Child Custody Physical custody (where is the child's main residence) and legal custody (who makes decisions about the child) are the two elements of custody. Custody may be joint (shared by consent between the parties) or it may be sole as determined by agreement or by court order. Before custody is awarded the court usually undertakes various investigative steps to determine what is in the best interests of the child or children. If custody is not decided upon by consent (with the court and a court appointed law guardian representing the child) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child (or children).
Child Visitation the parent who does not have physical custody has either: a) reasonable rights of visitation, b) a specified visitation schedule, or c) is limited to supervised visitation. Only in very rare cases may the non-custodial parent be denied visitation. Usually, this is for very specific reasons such as severe substance abuse, history of domestic violence or lack of interest in the child.
Child Support In New York the amount of child support paid by the non-custodial parent to the custodial parent is determined by the state Child Support Standards Act. Based on an adjusted gross income formula the payments are 17% for one child and 25% for two children. There are limits that can be reached for individuals with very low income below the poverty level or very high income (statutorily above $80,000 but usually over $150,000) that will allow for deviations from these percentages. Over and above monthly or weekly child support, the court is also able to award a child support "add-on" for daycare costs if the custodial parent works, educational costs for the child (usually limited to college, not private or religious elementary or high school), and medical expenses, including the cost of medical insurance. Reference: http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/103-new-york-state-grounds-for-divorce