On October 12, 2010, a new law took effect in New York State which added No-Fault Divorce grounds as an option for New York uncontested divorce filers to use. This would require at least one party to swear under oath that the marriage has irretrievably broken down for a period of six months or more. 

The term “uncontested” generally refers to that fact that neither party in a court action is interested in fighting the other party and neither party chooses to hire an attorney.  We the People can only assist in preparing standard documents for uncontested court matters.  If, for example, your spouse has hired an attorney to file for divorce, We the People cannot help you.  We recommend you seek a competent matrimonial attorney of your choice in that situation.  If you are unsure as to whether you can successfully utilize the services of a computerized document preparation service, you should have a consultation with a matrimonial attorney first.

Not necessarily! Opting for We The People to handle your divorce can be as effective as hiring a lawyer. The outcome of the divorce process remains the same. An added advantage with We The People is the cost-effectiveness — our divorce filing services are priced lower than the cost of an iPhone, providing a budget-friendly alternative to traditional legal routes.

The time frame for completing an uncontested divorce can vary, largely depending on the court’s schedule. Typically, this process can take anywhere from 3 to 6 months. It’s important to note that each case is unique, and the specific duration can be influenced by various factors including the court’s workload and the complexity of the divorce proceedings.

If you and your spouse are in complete agreement regarding the divorce terms, there’s typically no need for either of you to appear in court. This streamlined approach is one of the advantages of a fully agreed-upon, uncontested divorce process.

Usually, that information is included as a standard clause in a New York State Judgment for divorce, so that the wife may resume using her maiden name or any other surname she was previously known as.  Once your divorce is granted, the Certified Copy of your Judgment for Divorce can be used as proof at the Social Security Administration and at the New York State Department of Motor Vehicles that you are allowed to use your maiden name again.  We suggest you start by changing your name at the Social Security Administration and at New York State DMV, then once your ID is changed, you can change your information with your employer, your bank and other entities.

Yes, you can. The location of your marriage, whether in a different state or country, does not affect your eligibility to file for divorce in New York State. The key requirement is that at least one spouse must be a current resident of New York State and must have lived there for a minimum of one year.

Absolutely! We understand that time constraints can make it challenging to visit our office in person. To accommodate your needs, we can conduct the entire process through email and mail. This way, you can manage the divorce proceedings at your convenience without the need to physically visit our location.

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

If you find yourself with legal questions, We The People provides access to our resource attorney. You are welcome to consult with this attorney for any legal guidance you might need. This service is offered free of charge, ensuring you have the necessary support and answers throughout your divorce process.

Once your divorce is finalized, the court will notify We The People directly. We will then pick up the Judgement of Divorce decree from the court on your behalf. As soon as we have the decree, we will promptly inform you, ensuring you are updated about the completion of your divorce process.

Yes, having your spouse’s address is essential, regardless of where they are located, be it in New York or as far as New Zealand. It’s important to have this information at the start of the divorce process to facilitate proper legal proceedings, including the serving of divorce papers if necessary. We cannot process your divorce without your spouse’s current address, their last-known-address is not acceptable to the court.

Your spouse has a period of 120 days to either sign or be officially served the divorce papers. This timeframe starts from the date the Summons with Notice is filed with the court. It’s important to adhere to this timeline for the divorce process to proceed smoothly.

If your spouse neither signs the divorce papers nor is served within the 120-day period, you will likely need to restart the process from the beginning. This timeframe is a critical component of the legal procedure, and adherence to it is essential for the progression of your divorce case.

Yes, you can still proceed with the divorce, known as a “One Signature Divorce.” In this situation, you have the option to have the divorce papers personally served to your spouse within the 120-day timeframe. Following the service, there are three potential outcomes:

Spouse Does Not Sign: If your spouse does not sign the papers within 40 days of being served, you can proceed by default. This means the divorce can be finalized without your spouse’s signature.

Spouse Signs and Returns Papers: If your spouse signs and returns the papers within 40 days, the divorce process moves forward smoothly.

Spouse Hires an Attorney: If your spouse responds by hiring an attorney, it may be necessary to discuss and negotiate the points of disagreement. In such cases, we can refer you to a reputable mediator to help facilitate these discussions and find a resolution.

Yes.

There is a way to obtain a divorce in New York State even if you are unable to find your spouse; however, that is not something we can assist with here at We the People.  We suggest you contact a matrimonial attorney for additional information.

Yes, you can still proceed with a divorce even if your spouse is incarcerated. In this situation, your spouse has the option to sign the divorce papers. Alternatively, the divorce papers can be officially served to them by the staff at the incarceration facility. This ensures that the divorce process can move forward regardless of your spouse’s incarceration status.

Yes, We The People can assist with filing a no-fault divorce. Since the enactment of the law on October 12, 2010, in New York State, no-fault divorce grounds have been available. This option allows for an uncontested divorce on the basis that at least one party declares under oath that the marriage has irretrievably broken down for at least six months. We can guide you through this process, ensuring all legal requirements are met for a no-fault divorce.

If the court has rejected your divorce documents due to deficiencies, the first step is to contact the online company and request them to correct the issues or to refund your money. However, obtaining a refund or remedy might be challenging if the company is based out of state. If the payment was made via credit card, you could also contact your credit card company to see if they can assist in facilitating a refund. Keep in mind, though, that the court typically does not refund court fees.

The next step would be to engage a local, in-state document preparation company like We The People New York. We adhere to all industry standards and comply with the American Association of Legal Document Preparers’ guidelines, ensuring that your divorce documents are accurately prepared and meet the specific legal requirements of New York State.

The difference is just $499.00, as the court fees are the same for all filers. Sure, you can spend all your vacation time from work studying up on how to file for uncontested divorce in New York State and running around to the court clerk’s offices and the Notary Public, but do you want to? And if you make a paperwork mistake and your divorce is rejected by the court, you might have to start all over again and you may not be refunded your court filing fees of $335.00. $499.00 is a small price to pay for peace of mind knowing your divorce documents will typed using all the standard and up to date court forms.

Absolutely! We The People is inclusive and supportive of the LGBTQ+ community. If you and your spouse, in a same-sex marriage, are in agreement on key issues such as the division of marital assets, debts, and matters concerning minor children, we can assist you in preparing the documents for your uncontested divorce. We pride ourselves on offering a safe and welcoming environment for all our clients. Notably, We The People New York had the honor of preparing the paperwork for the first pro se same-sex divorce in New York State, showcasing our commitment and expertise in this area.

What is the typical timeframe for obtaining a legal separation?

The initial phase of filling out our straightforward workbooks, which gathers all necessary information for drafting a New York Legal Separation Agreement, typically takes between 15 to 30 minutes. Once this is completed, your agreement will be prepared and ready within 7 to 10 business days. After preparation, the agreement will be available for you and your spouse to review and sign. This efficient process ensures a prompt and organized approach to obtaining a legal separation.

The fee for preparing the Legal Separation Agreement is $499, which is required upfront when you begin filling out the questionnaire, whether in our office or online. If you decide to file your Separation Agreement with the court, there is an additional court filing fee of $5-$10. Should you wish for us to handle the filing on your behalf, there is a courier fee of $49. A Separation Agreement does not have to be filed with the court.

Beginning your legal separation process with We the People is straightforward and flexible to suit your needs. You have the option to get started either online, over the phone, by walking in, or by making an appointment to visit our office. Once you’re ready to proceed, we will provide you with a set of Legal Separation Agreement workbook specifically designed for New York State. The workbook is essential for gathering all the important information about you and your spouse.

You have the choice to come into our office alone or with your spouse to complete these workbooks. Thanks to New York State’s Unified Court System, we can prepare a Legal Separation Agreement for couples residing in any county within New York State.

In order to obtain a Legal Separation, both parties must sign the paperwork in front of a Notary Public. The Legal Separation documentation does not need to be filed with the Court until an actual divorce proceeding is started.

What is the typical time frame to do a Pre-Nuptial Agreement?

A Prenup should be considered and prepared well before the actual marriage date. At the very least, it should be prepared with enough time for both parties to review and think about the terms before the wedding and before signing. Generally, it is best to sign only after reviewing it for at least 7-10 days.

Yes, but only if both parties agree. Any changes must be done with the same formality as the signing of the original document. You should not make any changes or write on the original signed documents.

If both parties agree, a Post Nuptial Agreement can be made, similar to a Prenup.

These agreements are contracts between the parties. Most couples comply with the terms that they have agreed to. If one party does not, in Divorce proceedings, the court will enforce the terms and prevent costly and emotional fighting at that point.

Which is better, Incorporation or Limited Liability Company?

It depends. While both have the same personal liability protection, there are some tax differences. Everyone’s situation and goals for the business are different so it’s best to do some research or speak to an accountant to help decide which is best for you. If you have general legal questions about the differences, you can speak to our resource attorney for free.

As mentioned above, both a Corporation or LLC protects your personal finances from anyone that may win a lawsuit against the Corporation or LLC. This is true as long as you keep your personal finances separate from the business entity’s finances.

DBA stands for “Doing Business As.” Unlike a Corporation or LLC, a DBA does not form a separate legal entity and therefore does provide any personal liability protection.

Does We The People assist with filing Chapter 13 Bankruptcy?

We do not handle Chapter 13 Bankruptcy filings. Filing for Chapter 13 Bankruptcy typically requires the expertise and guidance of an experienced bankruptcy attorney due to its complexity.

Certainly! There are several reliable resources available both online and in print that can guide you through the process of filing for Chapter 7 Bankruptcy on your own, without the need for an attorney.

Online, a great starting point is legalconsumer.com. This site offers valuable information about the appropriate district for filing and the bankruptcy exemptions you may be entitled to. For reading material, we highly recommend the books published by Nolo Publishing, especially their How to File for Chapter 7 Bankruptcy book. These publications provide detailed, user-friendly guidance.

Additionally, many Bankruptcy Court websites across the country have sections dedicated to those filing for Chapter 7 Bankruptcy without an attorney. These can be immensely helpful, offering a range of resources and tools.

To determine your eligibility for Chapter 7 Bankruptcy, you will need to pass the “Means Test.” This test considers various factors such as your income, the state you reside in, and the number of people in your household.

Additionally, the U.S. Trustee’s Office maintains updated information on the State Median Family Income by Family Size chart, which is a crucial component of the Means Test. The figures in this chart are revised every six months. As of the latest update, it includes cases filed on or after November 1, 2014. You can access this information at justice.gov.

If you’re uncertain about your eligibility for Chapter 7 bankruptcy based on your income or other factors, We The People can have you take the free “Means Test” to confirm that you can qualify.

If the fees for filing bankruptcy are beyond your financial means, there are several avenues you can explore for assistance:

Legal Aid Societies: Start by checking with the Legal Aid Society in your area. Many of these organizations offer low-cost or even free legal assistance, especially for individuals who are facing financial hardships.

Do-It-Yourself Forms: The United States Bankruptcy Court Clerk’s Office for the Southern/Eastern District of New York provides free downloadable Chapter 7 Bankruptcy forms on their website. These are useful if you decide to handle the bankruptcy filing process on your own. However, these can be complicated and We The People has a simplified Workbook to make the process much easier.

Fee Waivers and Installments: Depending on your financial situation, you might qualify to have certain fees waived. This can include Consumer Credit Counseling fees and court filing fees. Additionally, there might be an option to pay your court filing fees in installments. We The People cannot assist you in applying for a court fee waiver or setting up installment payments for your court filing fees, though we can provide you a blank waiver form during your final signing appointment that you can complete and submit yourself. Our goal is to make the process accessible to you regardless of your current financial situation.

Where is the best place to keep my original Will?

It’s crucial to store your original Will in a secure and accessible location. One of the best options is a high-quality fireproof safe. These safes offer protection against potential fire damage and can be purchased at a reasonable cost. Ensure that both your executor and alternate executor are informed about where your original Will and other important documents are stored. This knowledge will enable them to access and secure these documents promptly upon your passing.

It’s generally not recommended to keep your original Will in a safe deposit box at a bank. The reason is that upon your death, the bank typically seals your safe deposit box, which could delay your executor’s access to the will and other crucial documents. Choosing a secure yet accessible location within your home or another personal space is often the most practical solution.

To modify your Will, it is crucial to avoid making any handwritten changes directly on the original document. Altering the original will by crossing out text or writing new provisions can lead to questions about its validity and might even invalidate the document entirely.

If you wish to make changes, the best approach is to write down the desired amendments on a separate piece of paper. This can serve as a reference for drafting a new Will or Codicil that incorporates these changes. Once you have clearly outlined what you want to change, consult with a legal professional to prepare a new Will or Codicil that reflects your current wishes accurately and legally. This ensures that your intentions are clear and legally binding.

Is We The People a law firm or do you provide personal attorney services?

No, We The People is not a law firm, and we do not provide personal attorney services. Our role is that of Legal Document Assistants or Legal Document Preparers. We The People has been a trusted brand for legal document preparation for over 35 years. While we are not attorneys, we, do have a resource attorney who customers can speak to for free to get answers to general legal questions about their matters (except Bankruptcy).

Our service involves providing affordable legal document preparation based on the information you supply. Essentially, you are in control of all decisions, and we are here to assist with the paperwork aspect of the process. Our expertise lies in ensuring that your documents are prepared accurately and efficiently, based on the directives you provide.

As non-attorneys, We The People’s primary role is to assist you as Legal Document Assistants. We specialize in preparing standard court forms based on the specific information and instructions you provide. Our services are tailored to support individuals who choose to represent themselves in legal matters, a right you are entitled to under the Constitution.

Self-representation, also known as “pro se” legal representation, is a valid and often cost-effective way to handle legal issues. Despite some common misconceptions and misinformation, possibly perpetuated by attorneys or court system employees, you have the full right to represent yourself in court. Our services are designed to make this process more accessible and manageable for you.

For additional research on self-representation, you might start by searching the term “pro se” online or by referring to legal resources such as the NOLO series of do-it-yourself legal books and publications. These resources can offer valuable guidance and clarity for those opting to handle legal matters independently.

Since we are not attorneys at We The People, we are legally prohibited from offering legal advice. However, we understand the importance of legal guidance in certain situations. To assist with this, we have a resource attorney available who can speak with you at no cost. This attorney can answer general legal questions but is not able to provide specific advice tailored to your individual circumstances.

Additionally, if your situation requires more in-depth legal counsel, we can refer you to a competent local attorney who can provide the detailed advice and guidance you may need. You also have the option to consult with any attorney of your choosing to get the legal advice pertinent to your specific case. Our goal is to ensure you have access to the necessary resources to make informed decisions throughout your legal process.

Absolutely! At We The People, we are committed to ensuring equal accessibility to our services for all individuals, regardless of their sexual orientation or gender identity. We strictly adhere to all New York State and Federal laws that mandate equal treatment for members of protected classes, including the LGBTQ+ community.

More than just compliance, we believe in the fundamental principle that all Americans, including those from the LGBTQ+ community, deserve equal access to legal and court documents, be it related to marriage, divorce, or any other legal matter. Our office environment is consciously maintained as friendly and welcoming to all, ensuring a comfortable and respectful experience for LGBTQ+ individuals seeking our services.

Can We The People assist with criminal legal matters?

No, at We The People, our services are limited to uncontested civil matters only. We do not handle criminal legal cases. If you need assistance with a criminal matter, it’s essential to consult with a reputable criminal defense attorney in your area who specializes in such cases. They will have the necessary legal expertise and experience to provide you with guidance and representation in criminal proceedings.

At We The People, we offer multiple payment options for our fees to accommodate your convenience. You can pay using cash, money order, cashier’s check, and all major credit and debit cards. However, it’s important to note that when it comes to paying court filing fees, the County Clerk’s Offices and Courts do not accept credit or debit cards. Therefore, for court filing fees, you will need to use a money order or cashier’s check. Make sure that these are made payable directly to the relevant Court or County Clerk. This distinction in payment methods ensures that all transactions are processed smoothly according to the requirements of the involved legal entities.

Yes, our office is fully equipped to be handicap accessible. We are committed to ensuring that everyone can easily access our services. If you require any special assistance or accommodations to access our services, please do not hesitate to call or email us. We are here to help and make your experience as convenient and comfortable as possible.

At We The People, we aim to provide a prompt and efficient document preparation service. The documents we prepare are court approved and are typed based on the information you provide and according to your instructions. After preparation, all documents undergo a rigorous proofreading process to ensure they meet the highest quality standards. As we like to say, You Make the Decisions, We Do the Paperwork!

Typically, most documents are prepared and ready for your review and signature within one week. However, the exact timeframe can vary slightly depending on the specific nature and complexity of the document in question. Our goal is to ensure that you receive accurately prepared and high-quality documents in a timely manner.

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