39 William Street, Ste 205 • Auburn, NY 13021 (315) 255-3368

With over 14 years of family law experience Attorney Daniel Testa can handle a wide range of legal matters. Daniel has extensive family court and trial experience. Below are some of the areas of family law representation that our office offers.

  • Contested and Uncontested Divorce
  • Separation agreements
  • Guardianship
  • Child custody
  • Child support
  • Paternity
  • Adoptions

CONTACT US TODAY FOR YOUR FREE CONSULTATION AND CASE EVALUATION

UNCONTESTED DIVORCE

Divorce does not have to be a long drawn out process. If you and your spouse can agree on all of the issues that need to be resolved in your divorce, you can file for an uncontested divorce.

An uncontested divorce is the simplest and most inexpensive way to dissolve your marriage in New York State providing both parties are in agreement to all terms of the divorce. Terms include custody, child support, distribution of marital assets, etc. You should always seek the advice of an Attorney to understand your rights before trying to negotiate important divorce issues.

Brief Synopsis

Once an Attorney is retained this Attorney can only represent one party. Most likely the Attorney will enter into a retainer agreement with the original party that he made contact with. The Attorney will then work with that party (client) and draft a proposed agreement, the Attorney will also draft additional documents required by law and that the other party will have to execute in order to avoid going to court.

After the documents have been drafted the client will deliver them to the other party for review. The other party can obtain his/her own Attorney to review the documents. Once an agreement has been reached by both parties they will then execute the divorce agreement and other necessary documents.

Once all of the documents have been prepared and signed they will be submitted to the court.

Frequently Asked Questions

What are the advantages to Uncontested Divorce?

  • No Court
  • Less expensive
  • Faster
  • Tends to be amicable because parties are reaching an agreement without the need for litigation.

What is the cost?

Minimum Costs: $430.00 (Index Number, RJI, Note of Issue, Dissolution, Certified Copies, Process Server).

The attorney fee will range from $795.00 to $2000.00 depending on the circumstances.

Note: Beware of attorney’s advertising $350.00 or less flat fee divorces. They do not include court or filing fees and are often from firms that sell in volume, leaving little time for your case.

What is the time frame?

It can usually take anywhere from 7 to 12 weeks if there are no complications or delays.

CONTACT US TODAY FOR YOUR FREE CONSULTATION AND CASE EVALUATION

DIVORCE

Going through a Divorce can be one of the most stressful and emotional times in your life. Each divorce is unique and the complexity will depend on your individual situation. The your first and most important step is to consult with an experience Divorce Attorney.

 

In order to proceed with a divorce in New York State you must meet the residency requirement and have a ground for divorce.

RESIDENCY REQUIREMENT

Pursuant to DRL § 230 there are five ways to meet the residency requirement in New York State

  1.  The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
  2.  The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
  3.  The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
  4.  The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
  5.  Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Once it is determined that you have met the residency requirement you then have to decide what your grounds are for divorce. There are 7 legally accepted reasons “grounds” for divorce in New York State pursuant to domestic Relations Law §

  1. Irretrievable breakdown in relationship for a period of at least 6 months
    This ground is usually referred to as a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. This ground would be used in an uncontested divorce.
  2. Cruel and inhuman treatment
    To use this ground, the judge will be looking for specific acts of cruelty that happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
  3. Abandonment
    To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called “constructive” abandonment.
  4. Imprisonment
    To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
  5. Adultery
    To use this ground, the Plaintiff must show that the spouse committed adultery during the marriage. This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed.
  6. Divorce after a legal separation agreement
    To use this ground, the Plaintiff and Defendant sign and file a valid separation agreement and live apart for one year. The separation agreement must have specific requirements included to be valid.
  7. Divorce after a judgment of separation
    This ground is not used very often. To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.

CONTACT US TODAY FOR YOUR FREE CONSULTATION AND CASE EVALUATION

Free Consultations

Every new or potential client is offered a free 30 minute personal consultation with Daniel upon request. It is our goal to assure that each client feels well communicated with and satisfied with our services.

Contact Us Today