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Mark Gilmer, Esq.

Thursday, January 1, 2015

New York Uncontested Divorce Closest Thing to San Diego's "One-Day Divorce"

In divorce law, there are plenty of horror stories. There have been cases in which people believed a divorce was finalized, only to find out years later it wasn't. There are couples who spend hours filling out reams of paperwork, only to find out months later they have to start over because a certain box wasn't checked.

That's in addition to the emotional trauma of the situation. The reality is, divorce is a legal process that be extremely confusing, even though the goal of both people seems fairly straightforward: To restart their lives as separate individuals.

In San Diego, the superior courts recently began initiating a "One Day Divorce" program. It's not actually a one-day process. It's only open to county residents who aren't represented by a lawyer and who filed for divorce six months prior and seek a judgment. The only cases eligible are those where there is an agreement on division of debt and property, spousal support and parenting plans. Legal professionals work with them for half an hour to help them get all the proper paperwork filed in order to secure a quick judgment.

Still, the "one day" terminology is somewhat of a misnomer, as most people who seek the program have actually been trying to get a divorce for at least a year.

Our Brooklyn uncontested divorce attorneys know that while there is no similar "One Day Divorce" program here in New York, the closest thing is an uncontested divorce. In some respects, this option is not only faster than a "One Day Divorce," it's also less expensive.

Take into consideration, for example, the fact that those enrolled in the San Diego program aren't represented by a lawyer. This definitely saves money in the short term. However, the benefit of an attorney outweighs the cost, particularly in an uncontested situation, in which we can help complete the process for as little as $399, plus filing fees. That's because even if you agree on the major points, the fact is sometimes you aren't always thinking clearly in the midst of this process, or there may simply be points you overlooked. We make sure all relevant aspects are considered and your rights and interests are protected. In the end, this saves a significant amount of money.

And while a "One Day Divorce" in fact takes one year or more, an uncontested divorce can be completed sometimes in as few as 30 days, so long as you've lived in New York for at least a year and both parties can attest the union has been irretrievably broken for at least the last six months.

Although New York was one of the last states to adopt the "no-fault" divorce, couples no longer have to cite a specific reason - such as adultery, abandonment, cruelty, incarceration, etc.

With uncontested divorce, the fewer details to sort out, the quicker things will go. However, you don't want to risk the possibility of overlooking important details or signing away important rights. That's why it's so important to have an attorney helping to guide you through the process.

Divorce is usually unpleasant, but it doesn't have to be torturous or lengthy. We can help you close this chapter of your life and start fresh.

If you are contemplating a divorce in Brooklyn, call our offices at (718) 864-2011.

Additional Resources:

San Diego court offers one-day divorce, Dec. 4, 2014, By Lyndsay Winkley, Union Times San Diego

More Blog Entries:

Lubrano v. Lubrano - Dealing With Debts in New York Divorce, Dec. 7, 2014, Brooklyn Uncontested Divorce Lawyer Blog

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| Phone: 718-864-2011

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