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​​​DIVORCE FAQ


ABOUT UNCONTESTED DIVORCE
What is an “Uncontested” Divorce?
All the terms of the divorce are agreed upon between  both you and your spouse.


Do I need a lawyer to file my divorce?

No! The end result will be identical whether you use a lawyer or We The People. A divorce with We The People costs less than an iPhone.
 
How long does it take for my uncontested divorce to be completed?
Once the final documents are submitted, the judge is expected to sign off on the divorce in 3-5 months.  


What do I need to bring to start?

Information is all that's necessary. We do not need your certificate of marriage, birth or anything else. Information necessary includes full names, address, date/place of birth, date/place of marriage, date of marriage and salary and health insurance information if children are involved.

Will I need to go to court?
Provided that both you and your spouse are in complete agreement for the divorce, no court appearances are necessary. 


Will I be able to change my married name back to my Maiden Name?

Yes. The language for this is included in the final Judgement of Divorce.


Is there a timeline that I have to complete my divorce by?
You must submit all divorce documents to the court within 1 year after the Summons with Notice has been filed. 


If I was married in another state or country can I get divorced in New York state?

Yes. The state and country are irrelevant. One person must be currently residing in NY state and for a minimum of 1 year.


I'm busy and am unable to visit your location. Can you email me the documents?

Yes, we can do everything by email and mail if you prefer. 


I live on Long Island. Can I still use your divorce services?

Yes. We The People serves all of New York State.


I have legal questions?

We The People has a resource attorney who you are welcome to speak. Free of charge, of course. 


How will I know the divorce is finalized by the Court?

The court will notify We The People when your Judgement of Divorce decree is ready for pick up. We will pick up the judgement and notify you promptly.


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SPOUSE & SERVING 

I don't have my spouse's social security number. Is this ok?
If you are unable to obtain a social security number we will prepare a simple affidavit stating that you were not able to obtain the SSN. There is no extra charge for this.

Will I need my spouse's address?
Yes! Whether the address is in New York or New Zealand, an address is required. It is best to have your spouse's address when you begin the process.


How much time does my spouse have to sign or be served the divorce papers?

Your spouse has 120 days from the date the Summons with Notice was filed with the court. 


What if my spouse doesn't sign or isn't served within 120 days.

Simply put, you will most likely start from the beginning if your spouse doesn't sign/served within 120 days. 


Can I still get divorced if my Spouse doesn't want to sign the papers?
Yes! You may have the divorce papers PERSONALLY SERVED to your spouse within the 120 days. There are 3 possible outcomes after your spouse has been served:

1: Spouse doesn't sign and ignores papers. After 40 days you may proceed by default in which case the divorce goes through without your spouse's signature.
2: Spouse signs and returns papers within 40 days. Life is good and the divorce process resumes.
3: Spouse hires an attorney. In this case you may want to discuss points of contention with your spouse in order to proceed pro se. We can also refer you to a trusted mediator.


How can I serve my spouse the divorce papers?

Divorce papers must be personally served (in person, hand to hand or dropped at spouse's feet). Any NY state resident over the age of 18 may serve the documents except for anyone named in the divorce. We can arrange for a Process Server or the local sheriff to serve the documents.


Can I get divorced if my spouse lives in another country?

Yes. 

What if my spouse lives in another country and doesn't want to sign? Can I get divorced?

Yes, you may still get divorced provided that your spouse is personally served. A New York State resident who is not named in the divorce action may go to the country where your spouse resides and personally serve. 

I don't know where my spouse lives. We separated many years ago. Can I get divorced?
Yes. Divorce by Publication is the method to get divorced when a spouse can not be located. Cost can be up to $5,000 and may take 1+ years to complete. Due to the cost and time, most people usually find a way to locate their spouse.

My spouse Is Incarcerated. Can I still get divorced?
Yes. Your spouse may either sign the divorce papers or be served the divorce papers by the facility staff. 

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CHILDREN
Do I need to pay child support?
Child support must be addressed in the divorce papers.

How much Child Support do I have to pay and when does it stop?
According to the New York Child Support Standards Act (CSSA ) the percentages below are  
of your net income and as follows:
 
• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children


You may vary from the above state guidelines with the Court's approval.
Parents are responsible for supporting their child until the child is 21 years old or is self-supporting. 

I have a child support/custody/visitation order. Should this be included?
Yes. If you have any court order regarding your child(ren), you will need to provide us with a copy within the past 3 years.


CONTACT US


We The People
233 West 14th Street
New York, NY 10011

(212) 633-2200   
info@wtpny.com