New York Uncontested Divorce Lawyer
Paul Matthews Esq.
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305 Broadway, Suite 801 New York, New York 10007 USA |
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(347) 461-0760
(718) 261-1955
www.uncontesteddivorce-nyc.com
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I am Paul Matthews, a Manhattan Divorce Lawyer providing affordable uncontested divorces. I offer fast, reliable service and a free initial telephone consultation. All papers personally prepared by me, an attorney with over 15 years experience in Matrimonial and Family Law, not by a secretary, paralegal or junior attorney.
In addition to my divorce and family law practice, I represent people in other areas of law. I provide affordable representation to both plaintiffs and defendants in the small claims courts of Manhattan, Brooklyn, and Queens counties, where my fees start at $300 for a court appearance, including trial. I also represent people who wish to obtain a green card through marriage to an American Citizen.
I am a summa cum laude law school graduate and also hold an MBA.
Year this Office was Established: 1996
Practice Areas
Additional Practice Areas: Small Claims Cases; Order of Protection; Juvenile Delinquency; Termination of Parental Rights.
Practice Areas Description
- Fast DivorceWhen people call me about an uncontested divorce they usually want a fast divorce. In fact, when they call me about an uncontested divorce the first thing they usually ask me (after asking how much it costs) is how long it will take for the divorce to go through. The short answer is: Once you get me all the papers back correctly executed, generally between 8 to 10 weeks. Unfortunately the court will usually reject papers if there is any defect, no matter how minor. This is why I set a very high standard on myself when I am preparing your divorce papers- this standard is “perfection”. Once the papers are all submitted to the Court the divorce is now in the hands of the Court. All I can do to speed up the process is to file the divorce in the proper county and make absolutely certain that there are no defects in the papers, no matter how minor, which could possibly cause the Court to reject the papers.
- Separation Agreements
It is sometimes necessary to have a separation agreement even in an uncontested divorce. This usually comes up when there are significant marital assets involved or where there are no other viable grounds for divorce. Under New York Law unless you have grounds you can’t get divorced unless there is a written separation agreement which has been in effect for one year which complies with all of the statutory requirement’s and formalities, and the parties have lived separate and apart under the agreement. If this is the case, the plaintiff (you if you are the one filing for divorce) can get the divorce if you have complied with all of the essential terms of the agreement. It is irrelevant whether or not your spouse has complied (however the NY legislature has recently passed a no- fault divorce bill which establishes 6 months’ of irreconcilable differences as a new grounds for divorce. This bill is expected to be signed by Governor Patterson).
- Prenuptial Agreements
A prenuptial agreement relates to the rights and obligations each of the parties will have after they become married to one another, and what will happen in the event of a subsequent divorce. Typically the agreement will cover such matters as division of property and alimony (called “maintenance”) in the event of divorce. If properly executed, it is a legally binding contract. As such, it is presumed to be valid, and is enforceable, absent some defense.
- Custody, Visitation and Orders of Protection Cases
(These are heard in what are referred to as “CVO” courtrooms or parts). In this area, in addition to Family Court Judges, there are referees who are also allowed to try and decide cases as long as the parties all consent. Because of the large number of cases in this area, most cases are decided by referees, who are experienced attorneys.
- Order of Protection
Order of protection cases can have very serious consequences. All orders of protection are listed in a central registry which is accessible by Courts, Police, and Probation Departments. While the police have historically had discretion about whether or not to make arrests, in recent years there has been a mandatory “must arrest” policy in effect which requires police to arrest when there are allegations of violation of an existing order of protection. Also, courts are required to consider proven instances of domestic violence when making decisions about child custody. There is no DA or prosecutor prosecuting Order of Protection cases in the Family Court. If you are the one seeking an Order of Protection you are allowed and in most cases should hire a lawyer to represent you. If you hire a lawyer you will want someone who has tried many, many of these cases, and has a good reputation in the Courthouse.
- Child Custody
Child custody cases can go on for a long time and require a lot of lawyering expertise. A good lawyer will sit down with you and go over your case and will give you his or her honest opinion about your chances- before you spend many thousands of dollars. Again, a lawyer’s reputation is the key, especially in the Family Court. Because the stakes are so high, you should look for a lawyer who has a reputation of being highly competent, scrupulously honest, aggressive, but not obnoxious.
- Paternity and Child Support
The Family Court decides paternity and child support cases for all children born out of wedlock. If the parties are presently married to one another or were married to one another in the past and have a child or children together the case can be heard either in the Family Court or in the Supreme Court, depending upon various factors. In the Family Court both paternity and child support cases are initially heard by Support Magistrates, experienced attorneys who are authorized under the Family Court Act to hear and decide these cases even without the consent of the parties. However the powers of the Support magistrates are limited. While they can make a support order or modify a support order, they cannot order incarceration for failure to pay child support (so-called “deadbeat dad” cases). They can only recommend such action to a Family Court judge who makes the ultimate decision.
- Green Card by Marriage
I also represent people who wish to obtain a green card through marriage to an American Citizen. My interest in immigration law began in Law School where I was an editor of the Brooklyn Journal of International Law. After graduation I was formerly a name partner in the Manhattan Immigration Law Firm of Matthews & Schiff. Because Immigration Law is very complex and is constantly changing, I presently limit my immigration practice to just one area- representing people who wish to obtain a green card through a bona fide marriage.
- Per Diem Court Appearances
As I appear in the Manhattan Family Court most days of the week, I am available to take all types of cases there, as well as appearing on behalf of other lawyers on a per diem basis (Manhattan only). These cases include child support, custody and visitation, orders of protection, juvenile delinquency, neglect, and termination of parental rights cases.
- Small Claims Cases
I enjoy representing people in NY small claims court in addition to my matrimonial and family law practice . Although the Court is designed to be user friendly so that you can sue in small claims court without using a lawyer, the Court’s jurisdiction now goes up to $5000.00, which means that you should consider having an attorney represent you on “larger” cases. Examples of common Small Claims Cases: Disputes with landlords; Disputes with roommates; Breach of contract; Unpaid wages; Unpaid Loans; Disputes with automobile dealership / repairs; Disputes with stores/ returned or defective merchandise; Disputes involving contractors or consultants; Disputes with Verizon/Con Ed, etc; and Disputes with medical bills/ insurance coverage.
Attorneys
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Mr. Paul Matthews
Attorney Alimony, Alternative Dispute Resolution, Appellate Practice, Assault, Battery |
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