Hiring A Divorce Lawyer In Long Island, NY For An Uncontested Divorce Case

by | Sep 19, 2013 | Lawyers & Law Firms

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A Divorce Lawyer Long Island NY will prepare the documentation necessary for your divorce case and submit them through the court. In these proceedings it is necessary for you to discuss the details of your marriage that led up to your desire for a divorce with your selected attorney. He or she will need to know information related to your spouse to include his or her social security number, date of birth, and current address. These key details are necessary for filing a divorce.

What is an Uncontested Divorce?

An uncontested divorce Long Island NY implies that either you and your spouse are in complete agreement with the terms of the divorce or your spouse has failed to respond. In these cases, your attorney will gather information from you associated with your spouse including his or her physical address. Once your attorney drafts the divorce agreement and files the petition, the divorce documents are sent to your spouse. Your attorney may choose to send the documents via certified mail or by soliciting the services of an officer of the court to serve your spouse.

Once your attorney receives confirmation that your spouse has received the divorce papers, he or she records the date within your file. Your spouse has thirty days from the delivery date to respond to these documents. If your spouse signs these papers in front of a notary and returns them to your attorney your divorce is considered uncontested. If your spouse fails to respond to the divorce papers, the assigned judge can render a default judgment.

If the judge issues a default judgment, you are required to attend a hearing in which you will meet with the judge. He or she will record your testimony and determine whether these reasons are sufficient for seeking a divorce. The judge will sign the divorce documents and file them with the court the day of the hearing.

An uncontested divorce is a divorce in which you and your spouse either agree completely to the terms of your divorce or your spouse has failed to respond to the divorce petition. In these cases, the waiting period for finalization is typically thirty days. In cases where your spouse fails to respond to the divorce petition, a judge may issue a default judgment to finalize your divorce. If you require an attorney to file your divorce, you should consult your preferred attorney to begin these proceedings.
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