Guides

Please understand that an Uncontested Divorce means that all issues involving children, if any, and property and assets, if any, have been resolved either through a separation agreement or family court orders or you could have already divided the personal property or real property.

JOINT PROPERTY

If you and your spouse own joint assets, such as a house, you will only be able to get an Uncontested Divorce, if you have a Separation Agreement. Perhaps your arrangement is that the house is listed for sale and you will split the proceeds. In that case, wait until the house is sold to apply for your Uncontested Divorce. If your arrangement is that your spouse will live in the house until the youngest child is 18, then you need a Separation Agreement.

PROPERTY TITLED IN YOUR SPOUSE’S NAME ONLY

If your spouse has any property or assets, which are titled in his or her name, alone, and were accrued during the marriage, you have a marital claim to a portion of those assets. Filing for an Uncontested Divorce will cause you to lose forever those claims. An example of this situation is your spouse’s pension, earned during the marriage. You have a right to half the portion earned during the marriage. Of course, if you both earned pensions and they are approximately the same value, you might choose to waive your claim. However, these decisions concern valuable assets and you must consult with an attorney in your area. These are valuable rights, which you should not give up. If you have any question about whether your spouse has any assets that you do not wish to lose claim to, you should hire a local attorney to file for divorce and to protect your rights. If you have any questions about your rights to property in the custody and control of your spouse, you should consult a local attorney. Filing for and receiving an Uncontested Divorce, when there are outstanding property issues, is a serious mistake. The Uncontested Divorce is a proceeding for people who have either no property, or a separation agreement, or do not share common property interests or joint property with each other, or have already divided up their property and are comfortable with the result.

1) How did you learn of our service or in what newspaper did you see our ad? ____________________________________________

2) The County you reside in_________________________

3) Your full name ________________________

4) Your spouse’s full name_____________________________

5) Your Mailing Address and Physical Address (if different)

6) Your Spouse’s Mailing Address and Physical Address:

7) Your telephone numbers: Home:_____ Work:_

8) Your Spouse’s telephone number__________________

9) Your Social Security Number _________

10) Spouse’s Social Security Number____________________

11) Your date of birth__________________________________

13) Your spouse’s date of birth__________________________

14) Your place of birth__________________________________

15) Your spouse’s place of birth__________________________

16) You or your spouse’s pre-married name________________

17) Date of Marriage____________________________________

18) City or Town of Marriage_____________________________

19) County of Marriage__________________________________

20) State of Marriage ___________________

21) Please check who performed the marriage ceremony:
Clergyman:_ Judge____________

22) Do you have a filed Separation Agreement?
Yes_____No___
If Yes, you must attach a copy, with evidence of the date It was filed in the County Clerk’s Office.

23) Are you receiving public assistance? (New York State wants to know this.)
______Yes ________No

24) Is your spouse receiving public assistance? (New York State wants to know this.)
______Yes ________No

25) Is your spouse in the military service? (For the Document preparation)
_______Yes _________No

26) GROUNDS FOR DIVORCE

The easiest to use are Cruel and Inhuman Treatment or Abandonment or Living Apart pursuant to a Separation Agreement, if you have one.

A. Domestic Relations Law: 170 (1): Cruel and Inhuman Treatment:
This means that your spouse was physically abusive or mentally abusive. Physical abuse includes hitting, shoving, injuring and breaking things in the house. Mental abuse includes name calling, yelling, screaming, obscenities, the silent treatment, refusing to communicate with you, insulting your family, etc. It is a fairly general term, which includes different anti-social, mean, demeaning behavior. These events must have occurred within the past 5 years.

B. Domestic Relations Law: 170 (2): Abandonment:
Constructive Abandonment This means leaving with no intention to return and being absent for at least one year or refusing to engage in sexual relations for more than one year.

C. Domestic Relations Law: 170 (6) Living Apart pursuant to a valid Separation Agreement:
This means you have a valid Separation Agreement and you have complied with the terms, for more than one year.

So, fill in the blanks and cross out what does not apply:

A. Cruel and Inhuman Treatment: 170 (1):
Beginning on or about _________, causing you great pain and anguish, making it unsafe and improper for you to cohabit with the Defendant, the Defendant abused you: by calling you names and insults, such as__________ and _____________and _____________________. by striking/pushing/shoving/hitting/slapping you in the face/arm/chest or threatening to ___________. by screaming at you on a daily/regular/frequent basis, and including in the presence of the children/family/friends. By refusing to speak to you/giving you the silent treatment/ignoring you for days/weeks/months at a time. By refusing to attend any events with you, including family celebrations. By embarrassing you in front of your family/friends by________________________________________________ On the back of the questionnaire, you can add in anything else that happened. If the police were called or you are under medical care, please add that.

B. ABANDONMENT 170 (2):
On or about the day of__________, Defendant left the marital home with the intention of never returning to resume the marriage. To date, the Defendant has never returned, all without just cause or provocation and without your consent. This must have occurred more than one year ago. Abandonment takes one year to occur.

CONSTRUCTIVE ABANDONMENT 170 (2):
Since on or about the day of __, _ the Defendant has refused to engage in marital relations, despite requests. This, also, must have continued for more than one year.

C. LIVING APART PURSUANT TO A VALID SEPARATION AGREEMENT 170 (6):
For 170 ( 6 ) You must attach a copy of the filed Separation Agreement, with proof that it was filed in the Office of the County Clerk’s Office, where one of you resided at the time. If you have any questions as to whether your situation will qualify, please call us to be sure.

27) How many children do you, and the spouse you are divorcing, have together, who are under 21 years of age? __

IF THE ANSWER TO QUESTION 26 IS NONE, WRITE IN NONE AND YOU DO NOT HAVE TO ANSWER ANYMORE QUESTIONS. Be sure you include the signed retainer agreement, the check to Moran and Gottlieb, the completed Questionnaire and any court orders or a separation agreement, if you have one. If you have any doubts or questions as to whether your situation will qualify, please call us to be sure.

IF YOU AND THE SPOUSE YOU ARE DIVORCING HAVE CHILDREN TOGETHER, UNDER 21 YEARS OF AGE, PLEASE ANSWER THE REMAINING QUESTIONS.

28) Do you have any Family Court Orders of Custody or Child Support?
Yes No
If Yes, you must attach a complete copy of each Order.

29) First Child’s name___________________________________
30 ) Child’s social security number________________________
31) Child’s Date of Birth_________________________________
32) Child’s present address______________________________
33) Child’s prior addresses for past 5 years_________________

34) Second child’s name ___________________
35) Child’s social security number_________________________
36) Child’s Date of Birth__________________________________
37) Child’s present address______________________________
38) Child’s prior addresses for past 5 years__________________

39) Third Child’s name__________________________________
40 ) Child’s social security number_________________________
41) Child’s Date of Birth________________________________
42) Child’s present address_____________________________
43) Child’s prior addresses for past 5 years__________________

44) Fourth Child’s name__________________________________
45) Child’s social security number_________________________
46) Child’s Date of birth _____________________
47 ) Child’s present address_______________________________
48) Child’s prior address for past 5 years____________________

If there are more children under 21 with this spouse, please write the same information on the reverse side of this page. BE SURE you include the retainer agreement, the check to Moran and Gottlieb, the completed Questionnaire and any court orders or a separation agreement, if you have one. If you have any doubts or questions as to whether your situation will qualify, please call us to be sure.

RETAINER AGREEMENT FOR A NEW YORK STATE UNCONTESTED DIVORCE

I agree that I am paying the Law Offices of Moran and Gottlieb, at 233 Wall Street, Kingston, New York, the sum of THREE HUNDRED DOLLARS ($300.00) to help me file my own New York State Uncontested Divorce. I understand that I will be provided with the proper forms, which will be filled out, so that I may file my own New York State Uncontested Divorce in my home county.

I understand that in addition to the Three Hundred Dollars I am paying to the Law Offices of Moran and Gottlieb, I will be required to pay New York State Filing Fees of TWO HUNDRED AND NINETY FIVE DOLLARS ($290.00) to have my New York State Uncontested Divorce completed.

I further understand that if for any reason, any of my papers are returned by the court, that it is my obligation to obtain the necessary information and to correct and re-file the papers. I understand that I may call the Law Offices of Moran and Gottlieb at (845) 339-5556 for additional help if there should be any problems with the filing of my paperwork.

I understand that I am representing myself in this matter and that I will have to do all the filing, which includes transporting the completed New York State Uncontested Divorce paperwork to the County Clerk for the county in New York State in which I reside. I understand that the Law Offices of Moran and Gottlieb will provide me with the necessary forms, help and advice, but that they will not be appearing for me in this matter.

I understand that the Law Offices of Moran and Gottlieb are not representing me and that I am acting as my own attorney for this New York State Uncontested Divorce. I understand that a New York State Uncontested Divorce is a divorce action in which the defendant defaults upon service of the Summons and Complaint or consents to the divorce. If my spouse should hire an attorney to oppose my getting a divorce, the court will not grant me an Uncontested Divorce.

I further understand that the information which I am providing to the Law Offices of Moran and Gottlieb is the information which they will put into the forms and that they are relying upon the accuracy or my answers in order to complete the forms correctly.