Frequently Asked Questions
Divorce Eligility and Grounds
Process and Procedures
Express Divorce
Division of Property
Child Support
Spousal Support and Maintenance
An “uncontested divorce,” as opposed to a “contested divorce,” is where (a) you and your spouse agree on all divorce-related issues (i.e., child custody and support, division of marital property and spousal support); and (b) your spouse cooperates with the execution of the divorce documents or is served with the “Summons and Complaint” and fails to appear in the proceedings or otherwise challenge the divorce. If your spouse will cooperate, an uncontested divorce is the quickest, friendliest, and most affordable way to dissolve your marriage without any required court appearances.
That is a question we get asked often. The court’s processing time for an uncontested divorce will vary from county to county. In the 5 Boroughs of New York City, the average processing time for an uncontested divorce is typically 10-12 months. Upstate New York counties have significantly shorter processing times ranging from 5-6 months. The following counties have reported backlogs of approximately 10-12 months:
✓ Bronx County
✓ Kings County
✓ Nassau County
✓ New York County
✓ Queens County
✓ Richmond County
✓ Suffolk County
If you’d like your divorce processed faster, for any reason, please upgrade your case to an “Express Divorce,” You will have the option to upgrade to an Express Divorce during your client interview/intake. Our team will prioritize and fast-track your case and file it in select Upstate New York counties with the quickest processing times. When you upgrade to an Express Divorce, your divorce will typically be granted within approximately 90 days or 30 days, depending on the express option you select. Please note that while the estimated time-frames are generally accurate, we cannot guarantee a specific outcomes.
Yes, we can address any types of assets including real estate, 401(k)s, pensions, and other financial accounts. Please note that while we do provide for the division of retirement accounts in your Settlement Agreement, our services do not include the preparation of Qualified Domestic Relations Orders (QDROs). A QDRO is typically required in order to affect a penalty-free transfer of funds from one spouse’s pension or retirement account to an account belonging to the other spouse. However, we do work closely with several pension preparation services to which we will refer you, if needed, upon review of your file.
Yes. If you have an existing Family Court Order concerning Child Support or Custody, we will incorporate the terms Ordered by the Family Court into your Judgment of Divorce. This will serve to continue any existing Order of Custody or Support that had been previously issued by the Court. We will, of course, need to include a copy of any such Order(s) in your divorce filings.
You (and your spouse) will have the option of receiving your documents by one of four methods:
✓ Secure Email Download
✓ USPS Mail
✓ FedEx (additional fees apply)
✓ Notarize.com online notary platform (included in Express Divorce)
Legal documents sent via email will arrive electronically in PDF format and may be downloaded and printed using a secure link provided by our offices. The PDF download will include instructions on how to properly sign and notarize your documents. All documents will arrive complete and signature-ready.
If you have opted for an Express Divorce, you will receive your documents via the Notarize.com online notary platform and you will be able to securely sign and notarize your legal documents right on your smartphone or desktop. No printing or mailing will be required.
Absolutely. When you retain Yaniv & Associates, you will have the benefit of a professional, full-service law firm. Your case will be assigned to a dedicated attorney who will review your case information, offer guidance, and prepare all required legal documents. You will also have access to our support staff and paralegals who are always ready to assist. We are a team of super-friendly, knowledgable, and experienced Attorneys, Paralegals, and Legal Assistants. Don’t be fooled by our affordable rates. We employ cutting edge technologies and systems to keep our administrative costs low and, in turn, offer you an exceptional client experience for a very reasonable fee.