kookaburra49
recently joined
Reged: 06/04/09
Posts: 8
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My wife has moved out, and we are deciding how to proceed with our marriage. One idea is to consider legal separation, then file for divorce a year later according to the NYS law. Another is to do away with legal separation and file for divorce based on abandonment. Will the second option be cheaper if my wife agrees to be sued? Can we file for a fault-based divorce but dictate the terms of settlement (division of property, spousal support, etc) rather than let the judge decide? We just want to save $.
Thank you
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 4790
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Neither option has to be expensive , if you both are willing to " fudge the facts " a bit , you can seek a uncontested divorce based on constructive abandonment ( no sex in the prior year ) . Luckily , NY offers a complete DIY divorce packet here :
http://www.nycourts.gov/ip/matrimonial-matters/forms.shtml
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Adversus solem ne loquitor
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 16032
Loc: New York
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Yup, if you're an amicable divorce and have everything ironed out, with no disagreement, you can do it yourself with the packet. I'm assuming no children? Makes it easier but can easily be done with kids too, again, if you agree.
Did my own.. cost me maybe $300 in filing and other fees. I paid $500 in attorney consulting fees (but we had an unusual situation with Child Support) and I was done and finalized within 3 months. From first filing date to final decree was almost exactly three months and I had to make a correction to the papers. Had it not been for the need to have an attorney advise on a very specific issue? Would have been done in under $300 and under 3 months.
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maureensingle
recently joined
Reged: 10/19/09
Posts: 5
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I had the same situation and my divorce was completed by an excellent paralegal service called Anderson Paralegal Services, and YES it also does make a difference (between choosing a separation agreement or doing the actual filing for divorce).
If you go with a separation agreement (which I almost did) that is a separate fee and document, in addition to filing for the actual divorce. You will be looking at 2 fees oppose to 1 fee.
Again, Anderson Paralegal did my divorce for $299 (very much affordable)and I was impress for all that was done for that rate. I was also really impress (by the service) was that Marcus (from Anderson Paralegal) travel to me. We met twice on my lunch break, the first was 5 minutes and the second was for 10 minutes, and my divorce was filed by Marcus and completed, meaning I was divorce within 3 months.
If you are looking to save money, for the exact same work that an attorney would do (and you may end up getting better service at a cheaper rate), then I recommend you contact Anderson Paralegal.
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