Divorce FAQs
Please note that this FAQs page is for informational purposes only and none of this information should be construed as legal advice.
What does the free 15-minute initial phone consultation entail?
This is an opportunity for the attorney to see if he can help you (take on your case and represent you).
No legal advice is given.
Can I sign up for a Paid-For Consultation?
Yes.
Please email us at Sean@OsterLegal.com to set up a paid consultation.
What is an Uncontested Divorce?
An Uncontested Divorce generally is a divorce in which both spouses agree on all issues in the case.
Can I get Divorced in New York?
Generally in order to get divorced in New York you have to satisfy both Grounds and Residency Requirements. A Ground is the reason you want to get divorced. Keep reading our FAQs page for further information regarding both.
What is a Contested Divorce?
A Contested Divorce is when there is one or more issues that the parties cannot agree upon.
Residency Requirements
Generally you have to fall into one of the below requirements to satisfy Residency Requirements:
- Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you got married in New York State;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you lived in New York State as a married couple;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and the grounds for your divorce happened in New York State;
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Grounds for Divorce
Generally you have to fall into one of the below requirements to satisfy Grounds:
- Irretrievable breakdown in relationship for a period of at least 6 months
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Adultery
- Divorce after a legal separation agreement
- Divorce after a judgment of separation
Do I have to go to Court for Uncontested Divorce?
Barring any exceptions, generally not.
I don't know where my spouse is. Can I still get Divorced?
Most likely. We can attempt Service by Publication.
What if my Divorce case entails some past domestic violence?
What if my Divorce case entails some past domestic violence?
I am in the military – can you handle my divorce?
Yes. We have handled cases before where a spouse was in the military. As long as you satisfy Residency Requirements and Grounds, we should be able to handle your case.
What if my spouse left with our child / children?
We have experience with cases such as this. Please contact us to see if we can help you.
Can I Get Divorced In New York If I Do Not Live There?
Depends on your unique circumstances, but it still may be a possibility.
Please contact us to find out: (800) 840-7858 or Sean@OsterLegal.com
I would like to return to my maiden name Post-Divorce.
We should be able to help you do that.
Will my Estate Planning Documents affect my Divorce?
Mr. Oster is a former Estate Planner. He can review any Estate Planning documents you have and access them with you with regards to your Divorce.
What if I have a Prenuptial Agreement?
We can review it with you to see how it may affect your divorce.
I Have A Family Court Order
We have handled cases before where clients have had a Family Court Order. We can review it with you and see how it may affect your Divorce.
I have A Related Criminal Case
We have handled cases before where clients have had a related criminal case. We can review it with you and see how it may affect your Divorce.
I don’t have a social security number
Other forms of ID may possibly be used. We can review your unique circumstances with you.
The Law Office of Sean B. Oster, P.C.
276 5th Ave., Ste. 704-3018
New York, N.Y. 10001
(800) 840-7858
sean@osterlegal.com
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Disclaimer: The information on this website is for general informational purposes only. Nothing on this website, or emails, or other communications should be taken or construed as legal advice for any individual case, situation, or any subject manner. The information on this website is not intended to create, and receipt or viewing of this information does not constitute or create, an attorney-client relationship. Contacting Mr. Oster solely via phone, contact form and/or email, does not by itself constitute an attorney-client relationship.
Use of our online form does not constitute an attorney-client relationship. In order for you to form an attorney-client relationship with our Law Office both sides would have to sign and execute a Retainer Agreement.
* The free 15-minute initial phone consultation is for the attorney to determine if he can take your case and to provide you with a cost of their attorney’s fees. The lawyer will not advise you of what you can do in your case without a contract. The attorney does not represent you until we sign a contract with you.
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