Frequently Asked Questions

Divorce Eligility and Grounds
Process and Procedures
Express Divorce
Division of Property
Child Support
Spousal Support and Maintenance
  • Will my divorce be prepared and filed by an attorney?

    Absolutely. When you retain Yaniv & Associates, you will have the benefit of a professional, full-service law firm. Your case will be assigned to a dedicated attorney who will review your case information, offer guidance, and prepare all required legal documents. You will also have access to our support staff and paralegals who are always ready to assist. We are a team of super-friendly, knowledgable, and experienced Attorneys, Paralegals, and Legal Assistants. Don't be fooled by our affordable rates. We employ cutting edge technologies and systems to keep our administrative costs low and, in turn, offer you an exceptional client experience for a very reasonable fee.

  • How much will I need to pay in Court Filing Fees?

    NYS court filing (and disbursement) fees will range between $365 and $400 depending on the filing requirements of your particular case. These fees include the purchase of an Index Number, Request for Judicial Intervention, Note of Issue, Certificate of Dissolution and Stipulation filing. A breakdown of Court filing fees is available on the Unified Court System website.

  • I am unemployed and do not have any income, can the Court Filing Fees be waived?

    If you do not have enough money to pay the court costs and fees for your uncontested divorce, you may ask the court to permit you to proceed without having to pay the court costs. An application for "poor person's relief" is made by motion and must be supported by an affidavit which must set forth the amount and sources of your income, and list your property with its value; state that you are unable to pay the costs, fees, and expenses necessary to proceed with an action for divorce. You will be required to document your income. If the judge approves your application, the judge will sign an order listing which fees and costs you do not have to pay.

  • How long will it take for my divorce to be granted (final)?

    That is a question we get asked often. The court's processing time for an uncontested divorce will vary from county to county. In the 5 Boroughs of New York City, the average processing time for an uncontested divorce is typically 10-12 months. Upstate New York counties have significantly shorter processing times ranging from 5-6 months. The following counties have reported backlogs of approximately 10-12 months:

    • Bronx County
    • Kings County
    • Nassau County
    • New York County
    • Queens County
    • Richmond County
    • Suffolk County

    If you'd like your divorce processed faster, for any reason, please upgrade your case to an "Express Divorce," You will have the option to upgrade to an Express Divorce during your client interview/intake. Our team will prioritize and fast-track your case and file it in select Upstate New York counties with the quickest processing times. When you upgrade to an Express Divorce, your divorce will typically be granted within approximately 90 days or 30 days, depending on the express option you select. Please note that while the estimated time-frames are generally accurate, we cannot guarantee a specific outcomes.

  • I need my divorce completed quickly, what are my options?

    We offer an Express 60-Day Divorce Option. Expedited divorce can be completed within 60 business days from the date we receive all executed documents.

  • What guarantees do you offer?

    a. We stand by our commitment to our clients. At Yaniv & Associates, client satisfaction is our highest priority, and this is evidenced by the thousands of happy customers who have used our services over the years. Our promise to you: we will do our very best to ensure that your divorce is completed professionally and in a timely manner and with minimal stress or legwork on your end. Our staff and attorneys are available for questions or to resolve any issues during normal business hours. When you contact our offices, you will be treated with the professionalism, compassion, and courtesy that New Yorkers have come to expect from our firm.

  • Will my spouse or I need to appear in Court at any time?

    No. Provided that your divorce remains uncontested, no court appearances will be required at any time.

  • Will I need to file any documents with the Court?

    No. Our flat-fee legal services include all filing requirements and non-litigation submissions to the Courts. Neither you nor your spouse will need to file or submit any documents to the Court.

  • Why are our Social Security Numbers necessary?

    The Courts, in most cases, require a Social Security Number (if available) as a method of identification in a divorce proceeding. If there are children of the marriage, Social Security Numbers will also be used to run a DRL Section 240 registry search in which the court searches the Family Court records for any relevant proceedings that may impact custody or visitation of the minor children. If either party does not have a Social Security Number, the Court will require an alternative form of identification.

  • I don't have a Social Security Number, what other forms of ID are acceptable?

    If you or your spouse does not have a Social Security Number, you may provide other forms of government ID such a driver's license, valid Passport or State issued identification.

  • How will our divorce documents be sent to us for review and signature?

    You (and your spouse) will have the option of receiving your documents by one of four methods:

    • Secure Email Download
    • USPS Mail
    • FedEx (additional fees apply)
    • online notary platform (included in Express Divorce)

    Legal documents sent via email will arrive electronically in PDF format and may be downloaded and printed using a secure link provided by our offices. The PDF download will include instructions on how to properly sign and notarize your documents. All documents will arrive complete and signature-ready.

    If you have opted for an Express Divorce, you will receive your documents via the online notary platform and you will be able to securely sign and notarize your legal documents right on your smartphone or desktop. No printing or mailing will be required.

  • Do I need to have my documents notarized?

    Yes. All legal documents must be signed and notarized before a US notary public.

  • I or my spouse reside outside of the United States, can we use a foreign notary?

    If you or your spouse are currently out of the country, we recommend that you make an appointment for notary services with the U.S. Embassy or Consulate in your region. Appointments may typically be made through the region-specific Embassy website.

  • Do you require original signed documents or may we email or fax copies?

    Yes. At this time, New York State Courts require original documents as part of the matrimonial filing process.

  • I am in the military and stationed in a remote region without access to mail, can I return my signed documents via email?

    In limited cases, the Courts will accept scanned copies of original executed documents. If you are an active duty service member presently stationed in a remote region (or at sea) with limited access to mail, please advise our attorneys so that special accommodations may be made for you.

  • My spouse refuses to sign his/her affidavits, what are my options?

    In the event that your spouse refuses to cooperate with the divorce process or is unwilling to sign the proposed settlement agreement or divorce affidavits, we will need to have him or her served by a process server. This in effect will give the defendant (your spouse) notice of the proceeding and action for divorce. Once properly served, if the defendant (or their attorney) does not respond by filing a "Notice of Appearance" or an "Answer" with the Court, we may request that the Court enter a default Judgment of Divorce against the defendant.

  • If my spouse and I reconcile, can we stop the divorce?

    Certainly. We can terminate the divorce proceeding by consent of both parties at any time prior to entry of a judgment of divorce. If your uncontested divorce pleadings have already been submitted to the Court and your matrimonial file is pending a final judgment of divorce, the Court will require that we file a signed "Stipulation of Discontinuance" in order to stop the divorce proceeding.

  • When is a divorce considered to be final?

    A divorce is "final" once the judge assigned to your case has signed the "Judgment of Divorce" and it has been entered by the County Clerk's offices.

  • Will I get a "divorce certificate" once my divorce is finalized?

    Yes. In New York, a "Judgment of Divorce" serves as a divorce certificate evidencing that a divorce proceeding has been finalized in connection with the parties to the divorce. Once your divorce has been finalized, you (and the defendant) will receive a copy of the Judgment of Divorce.

  • I would like to return to using my former last name, will I be able to do so?

    Absolutely! We can legally change your surname/maiden name as part of the divorce. There is no extra fee for this. Once your divorce has been granted you will receive a Certified Judgment of Divorce. Your Judgment of Divorce will grant you the right to resume the use of your prior surname. You may present your Judgment of Divorce at the DMV, Passport Agency, or any other government office which requires proof of your divorce and your legal name change.

  • Will my divorce be recognized in another country?

    Yes. However, if you will be entering your Judgment of Divorce in a foreign jurisdiction please be aware that, in many instances, you may need to have the Judgment of Divorce authenticated by the U.S. Department of State that issues both Authentication Certificates and Apostilles. If you intend to present your Judgment of Divorce to a foreign jurisdiction, please be sure to discuss this with our legal team.

  • Questions? We can help!

    Schedule a free consultation

    Schedule now

    Chat with a Paralegal online

    Chat with us now

    Speak with a legal professional

    Call us now

    (646) 395-9100