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PAUL W. MATTHEWS ESQ.
MANHATTAN FAMILY LAW ATTORNEY
MANHATTAN APPELLATE ATTORNEY
Divorce, separation agreements, custody, visitation, guardianship, child support, orders of protection, paternity, all Civil Appeals.Business start-ups, contracts, leases, incorporation, employement disputes, arbitration, advice. Prompt personalized attention to your case or matter. Telephone calls returned promptly. Conveniently located near Manhattan Supreme Court and Manhattan Family Courts. Reasonable fees.
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Experience and awards.
Summa Cum Laude Law School Graduate, over 12 prizes and awards for academic excellence, including 7 American Jurisprudence Awards.
Formerly, Assistant Corporation Counsel for the City of New York (1992-1995).
Experienced trial lawyer, have tried over 150 cases.
Experienced appellate attorney. Have you lost your case?
Former Arbitrator, American Arbitration Association.
MBA, Honors, Baruch College, 1993.
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Uncontested Divorce in New York State
Congratulations! You have determined that an uncontested divorce is for you. Most divorces in New York State are uncontested. However, even if you and your spouse agree to get a divorce there are two hurdles that you must overcome:
Subject matter jurisdiction is the power of a court to hear a case at all. The rules are moderately complex, but if either you or your spouse has been living in NYS for the last 2 years, the NY courts have the power to grant your divorce. There are other situations where you can get a divorce when you have been living in NYS for less than 2 years.
Grounds- Many of the laws in NYS are, in my opinion, somewhat antiquitated as compared to the laws in other states. The courts here require "grounds". Irreconcileable differences are not considered to be grounds in NYS. In the context of uncontested cases, the most frequent grounds are 1) abandonment- your spouse moved out or forced you out of the house or 2) "constructive abandonment"-your spouse refused without justification to have sex with you. A third possibility, used less frequently for uncontested divorces is "cruel and inhuman treatment". This includes, but is not limited to, acts of physical violence or other behaviour which would make continued cohabitation interolerable or unsafe.
If you are the one who moved out you do not have grounds based upon abandonment, although your spouse might and a possible strategy would be to have him or her file for the divorce. Failing grounds, a divorce is possible after a 12 month waiting period, during which the parties live separate and apart under a written separation agreement. My fees for uncontested divorces begin at $399 plus Court costs for a simple case with no minor children, no property, or separation agreement.
Email: attorneyinnyc@msn.com
Tel. (347) 461-0760 (Cellular and best way to contact) or 718-261-1955 (after 5Pm, Evenings and Weekends)
Snail Mail:
305 Broadway, Suite 801
New York, NY 10007
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