Wednesday, March 30, 2016

List of Red Light Cameras in Queens County

As of Feb. 4, 2016, here is a list of all the red light cameras in Queens County. I can’t say for sure that this list is complete, but I found almost 100 of these intersections.
It might sound obvious, but a $50 fine (with no points) is not as good as No Fine and No Points. Drive safe!
1. 108th Street and Horace Harding Expressway, Queens, NY 11368
2. 108th Street and 52nd Ave, Queens, NY 11368
3. 114th Street and North Conduit Avenue, Queens, NY 11420
4. 20th Avenue and College Point Boulevard, Queens, NY 11356
5. 156th Avenue and Cross Bay Boulevard, Queens, NY 11414
6. 23rd Avenue and 94th Street, Queens, NY 11369
7. 39th Street (Northbound) and Northern boulevard, Queens, NY 11101
8. Route-878 (Nassau Expressway/Rockaway Boulevard) and Guy R Brewer Boulevard (Westbound), Queens, NY 11434
9. 91st Avenue and 116th Street, Queens, NY 11418
10. Ascan Avenue and Queens Boulevard, Queens, NY 11375
11. Astoria Boulevard and 94th Street, Queens, NY 11369
12. Astoria Boulevard and 108th Street, Queens, NY 11369
13. Astoria Boulevard and 108th Street and 31st Drive, Queens, NY 11369
14. Astoria Boulevard North and Steinway Street, Queens, NY 11105
15. Astoria Boulevard South and Steinway Street, Queens, NY 11105
16. Atlantic Avenue and Lefferts Boulevard (119th Street), Queens, NY 11418
17. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
18. Atlantic Avenue and 116th Street, Queens, NY 11418
19. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
20. Beach Channel Drive and Beach 140th Street, Queens, NY 11694
21. Beach Channel Drive and Seagirt Boulevard, Queens, NY 11691
22. Beach Channel Drive and Horton Avenue and Hassock Street, Queens, NY 11691
23. Beach Channel Drive and Hassock Street, Queens, NY 11691
24. Bell Boulevard and 73rd Avenue, Queens, NY 11364
25. Booth Memorial Avenue and Kissena Boulevard, Queens, NY 11355
26. Broadway and Corona Avenue, Queens, NY 11373
27. Broadway and Northern Boulevard, Queens, NY 11377
28. Broadway and Grand Avenue and Queens Boulevard, Queens, NY 11373
29. Broadway and Queens Boulevard, Queens, NY 11373
30. Cooper Avenue and Metropolitan Avenue, Queens, NY 11385
31. Cross Bay Boulevard and 156th Avenue, Queens, NY 11414
32. Cross Bay Boulevard and Liberty Avenue, Queens, NY 11417
33. Woodhaven Boulevard and Rockaway Boulevard [A], Queens, NY 11417
34. Cross Bay Boulevard and Pitkin Avenue, Queens, NY 11417
35. Cross Bay Boulevard and Sutter Avenue, Queens, NY 11417
36. Cross Bay Boulevard and 165th Avenue, Queens, NY 11414
37. Cooper Avenue and 65th Street, Queens, NY 11385
38. Cooper Avenue and Cypress Hills Street, Queens, NY 11385
39. Ditmars Boulevard and 81st Street, Queens, NY 11371
40. Ditmars Boulevard and 82nd Street, Queens, NY 11369
41. Francis Lewis Boulevard and Hillside Avenue, Queens, NY 11427
(This intersection contains both a red light camera and a speeding camera)
42. Francis Lewis Boulevard and Jamaica Avenue, Queens, NY 11423
43. Francis Lewis Boulevard and Union Turnpike, Queens, NY 11427
44. Francis Lewis Boulevard and Utopia Parkway, Queens, NY 11358
45. Hillside Avenue and Little Neck Parkway, Queens, NY 11426
46. Hillside Avenue and Lefferts Boulevard, Queens, NY 11418
47. Hillside Avenue and 188th Street, Queens, NY 11423
48. Horace Harding Expressway and 108th Street, Queens, NY 11368 (Fine : Unreported)
49. Horace Harding Expressway and Little Neck Parkway, Queens, NY 11362
50. Horace Harding Expressway (LIE Service Road) and Francis Lewis Boulevard, Queens, NY 11364
51. Hoyt Avenue North and 31st Street, Queens, NY 11102
52. Hoyt Avenue North and 31st Street (at the Exit of the Triborough [Robert F. Kennedy] Bridge),
53. Queens, NY 11102
54. Jewel Avenue and Park Drive East, Queens, NY 11367
55. Joseph P Addabbo Memorial Bridge and 165th Avenue, Queens, NY 11414
56. Langdale Street and 80th Avenue, Queens, NY 11040
57. Liberty Avenue and Woodhaven Boulevard, Queens, NY 11417
58. Main Street and Gravett Road, Queens, NY 11367
59. Main Street and Union Turnpike, Queens, NY 11435
60. Marathon Parkway and Northern Boulevard, Queens, NY 11362
61. Metropolitan Avenue and Cooper Avenue, Queens, NY 11385
62. Metropolitan Avenue and Fresh Pond Road, Queens, NY 11385
63. Midland Parkway and Hillside Avenue, Queens, NY 11432
64. North Conduit Avenue and Cohancy Street, Queens, NY 11417
65. North Conduit Avenue and Springfield Boulevard, Queens, NY 11413
66. North Conduit Avenue and Lefferts Boulevard, Queens, NY 11420
67. Bell Boulevard and 35th Avenue, Queens, NY 11361
68. North Conduit Avenue and 114th Street, Queens, NY 11420
69. Northern Boulevard and Broadway, Queens, NY 11377
70. Northern Boulevard and 114th Street, Queens, NY 11369
71. Northern Boulevard and 48th Street, Queens, NY 11101
72. Northern Boulevard and Union Street, Queens, NY 11354
73. Northern Boulevard and Douglaston Parkway, Queens, NY 11362
74. Queens Boulevard and 58th Street, Queens, NY 11377
75. Queens Boulevard and Grand Avenue, Queens, NY 11373
76. Queens Boulevard and 71st Avenue, Queens, NY 11375
77. Queens Boulevard and Broadway, Queens, NY 11373
78. Queens Boulevard and Grand Avenue, Queens, NY 11373
79. Queens Boulevard and Roosevelt Avenue and 48th Street, Queens, NY 11104
80. Route-878 (Rockaway Boulevard) and Brookville Avenue, Queens, NY 11422
81. Route-878 (Rockaway Boulevard) and North Conduit Avenue, Queens, NY 11434
82. Route-878 (Rockaway Boulevard) and Woodhaven Boulevard, Queens, NY 11417
83. Seagirt Boulevard and Beach 9th Street, Queens, NY 11691
84. LIE Service Road Entrance onto Van Wyck Expressway West, Queens, NY 11367
85. South Conduit Avenue and 89th Street, Queens, NY 11414
86. Springfield Boulevard and 115th Avenue, Queens, NY 11411
87. Van Wyck Expressway and 101st Avenue, Queens, NY 11419
88. Van Wyck Expressway and Linden Boulevard (at the Exit’s Intersection), Queens, NY 11435
89. Van Wyck Expressway and Rockaway Boulevard, Queens, NY 11420
90. Woodhaven Boulevard and Liberty Avenue, Queens, NY 11417
91. Woodhaven Boulevard and 62nd Road, Queens, NY 11374
92. Woodhaven Boulevard and Union Turnpike, Queens, NY 11385
93. Woodhaven Boulevard and Yellowstone Boulevard, Queens, NY 11379
94. Woodhaven Boulevard North and Cooper Avenue, Queens, NY 11374
95. Woodhaven Boulevard and Furmanville Boulevard, Queens, NY 11374
96. Woodhaven Boulevard and Jamaica Avenue, Queens, NY 11421
97. Woodhaven Boulevard and Rockaway Avenue, Queens, NY 11417
Unlisted Street Names in Queens
Ieffers Blvd. and 115 Ave
Camera Type: Red Light Camera
Ieffers Blvd. and 120 Ave
Camera Type: Red Light Camera
Ieffers Blvd. and linden Blvd.
Camera Type: Red Light Camera
Main St and 43 rd or 43 pl
Camera Type: Red Light Camera
ROCKAWAY TPKE
Camera Type: Red Light Camera
Woodhaven Blvd South and Pitkin Ave
Camera Type: Red Light Camera

Thursday, March 24, 2016

Contested Divorce Pt. 2


This is the First 'exhibit' from my article on Contested Divorces: Using Family Court to your client's advantage. This letter was sent to my client from her original law firm informing her that her husband had been personally served with the divorce papers. 


Unfortunately, her original law firm only met with her for 1 hour (and she paid them $8,000), so she did have any idea of what was to happen next in the divorce process.

Second Exhibit from the article on 'Contested Divorces: Using the Family Court to your client's advantage: this is the Affidavit of Service showing that the husband of my client was personally served on May 3, 2012 with divorce papers. Once my client hired me and I saw that her original law firm had filed the divorce case, I immediately withdrew the divorce case from the Supreme Court, then I filed her Petition seeking sole custody of their children in the Family Court.
Third Exhibit from my article on 'Using the Family Court to your client's advantage: this is a Notice of Appearance and it is normally the very first document that the attorney representing the defendant will file with the Court. Before I could withdraw her previously-filed divorce case, I had to first 'appear' by filing this document. Filing this document is necessary in order for the Court to officially recognize any lawyer as representing any particular litigant. 
This document was filed on June 11, 2012 and I withdrew her divorce case on that same day.
Fourth Exhibit from the article on 'Using Family Court to your client's advantage': this document informs the court that a new lawyer is now representing a litigant that had been previously represented by some other lawyer. It's called a 'Consent to Change Attorney' form that my client signed stating that I was now her attorney. I had to file this document first before I was able to withdraw the divorce case from the Supreme Court.
Fifth Exhibit from the article on 'Using the Family Court to your client's advantage': here is the document that officially withdrew her divorce case. In essence it is an Affidavit signed by her, but I did not need to have her sign it. As her attorney, I could have filed my own 'Affirmation' stating that I was authorized to withdraw her divorce case. But I asked her to sign it in order to show that I had her consent to withdraw the divorce case.

Sixth Exhibit: here is the receipt for the payment of the $35 fee that is required anytime a lawsuit in the Supreme Court is withdrawn. This was also paid on June 11, 2012 when I withdrew my client's divorce case.

Seventh exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired mailed me this document in June, 2012. This document is dated June 8, 2012 (on the next page, see the next attachment) but as of June 11, 2012 when I officially withdrew her divorce case from the Supreme Court, the husband's lawyer had NOT yet filed this document with the Court. 

This is what permitted me to withdraw my client's divorce case. If the defendant spouse does not officially 'appear' in your divorce case (Supreme Court), the plaintiff, through her attorney, can withdraw that divorce case 'without prejudice.'
Eighth Exhibit, which is the Second page of the Notice of Appearance that the lawyer representing the husband of my client mailed me. It is dated June 8, 2012 but I did NOT receive it on June 8. Even more importantly, this document was not filed with the clerk of the Supreme Court on June 11, 2012, the day that I withdrew my client's divorce case.
Ninth Exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired is highly regarded and has been invited by the NYS Bar Assoc. to speak at their lectures in the area of divorces a/k/a 'matrimonial law.' The next attachment shows the inside of this pamphlet where all the speakers' names are listed; his lawyer spoke at this lecture from 2013. All in all there were less than 35 speakers in total who were invited by the NYS Bar Association to speak on five (5) separate occasions across New York State on this topic.
Tenth Exhibit: the lawyer that the husband of my client hired is listed under the 'Program Faculty.' If you read the article that I wrote, my client's own father paid for this lawyer to represent his son-in-law (married to my client). The article that I wrote on Wed., Jan. 7, 2015 explains why my client's father went to this length to foil her plans to get divorced.
Eleventh exhibit: this is another NYS Bar Assoc. lecture that the lawyer who represented the husband of my client spoke at. The lawyer that I am referring to is highly regarded because this lawyer is a regular speaker at these lectures that the NYSBA offers.
12th exhibit: the lawyer that represented the husband of my client is listed under the 'Program Faculty.'
13th Exhibit: here is the certified mail receipt showing when my client's Petition seeking sole custody of her children was filed in the FAMILY COURT, after her divorce case was withdrawn by me. The clerk signed for the mailing on June 18, 2012.
It IS possible to file a Petition in the Family Court, so long as you have filled out the paperwork correctly and have sent in the correct # of copies. If you have been divorced and are taking your ex-spouse to the Family Court, you must include a copy of the Judgment of Divorce. The # of copies that you are required to mail in varies from county to county.
14th Exhibit: this is the first page of my client's Petition seeking sole custody of her children, filed in the Family Court and stamped by the clerk. See the clerk's stamp 
towards the upper right side. The next exhibits will show how fast my client and I were assigned the first date to appear in the Family Court. It would NEVER have been as fast in the Supreme Court where the divorce case was filed (by my client's former lawyer).
15th Exhibit: this is the last page of my client's Petition seeking sole custody that was filed in the Family Court.
16th Exhibit and easily 1 of the most important for the article on 'Using the Family Court to your client's advantage: this is the First Notice to Appear for the Family Court case that I filed for my client. Look at the date, it was processed on June 20, 2012 and the first court date was scheduled for July 10, 2012! 
Let me tell you, nothing but nothing in the Supreme Court ever happens that quickly (unless some kind of emergency 'Motion' is filed alongside the commencement of the divorce case, which really does not happen that often).

This document here perfectly illustrates my point that the Family Court, in whatever county/borough you live in, wlll ALWAYS schedule a new case faster than the Supreme Court will do (for a divorce case). It was also a great blessing that this case was assigned to the best and most efficient judge in the entire Family Court bldg that this case was filed in, a lovely judge who has since retired.
17th Exhibit: after our first court appearance in the Family Court, this Temporary Order was prepared by me and presented to the Family Court for signature. This Temporary Order does not grant my client (the wife) the physical custody of the children that was seeking, but basically 4 months later (in 2012), the entire custody and visitation case was over and she was awarded sole residential custody And 'final say' in all matters relating to legal custody. These provisions constitute a complete victory for the custodial parent because even though 'shared legal custody' means that both parents must consult with each other regarding all major decisions regarding the children (educational, religious upbringing if any, medical, health and general welfare), the 'Final Say' would always remain with my client and be hers to make.
The ex-husband would not be able to block her.
18th Exhibit: this is the 2nd page of the Temporary Order that I typed out and the Court signed without any objection from either the 'attorney for the children' or the lawyer who represented the husband of my client. When both parties are represented by respective attorneys, the Court normally requires that 1 of the lawyers types up and files with the Family Court a proposed Order that reflects what the parties have agreed to OR what the judge has ordered must take place.
19th Exhibit: this is the last page of the First Temporary Order from the Family Court case regarding custody and visitation. I filed it on Aug. 10, it was signed on Aug. 13 by the judge, and I probably received it in the mail 1 or 2 days after.
20th Exhibit: in the cases where I have filed a Petition seeking custody for my client in the Family Court (or any other Petition that relates to an area that is in dispute and would normally be made a part of the divorce case by most other lawyers), the other lawyer normally 'retaliates' by filing a divorce case immediately in the Supreme Court. Therefore, I was not surprised to see that the husband's lawyer filed an entirely new divorce case and served my client (while she was at the public pool, no less). Once the new divorce case was filed, I had to file this 'Answer.'

Please note that from the filing of the brand-new divorce case (in the Supreme Court) until the end of our case in the FAMILY Court, there was not 1 conference in the Supreme Court that was requested by either me or the husband's lawyer. In other words, the parties and their lawyers were Not running from court to court and missing 'double time' for both cases. It is my experience that when I get to file First in the Family Court in order to hasten my client's divorce case, the lawyer for my client's spouse absolutely DOES NOT try to push the divorce case along at the very same time.
21st Exhibit: this the 2nd page of the 'Answer and Counterclaim' that I filed. Remember that if your client sues you for divorce, you can absolutely file a Counterclaim and sue him/her right back, also for divorce! This way you might wind up 'taking the divorce' at the very end of the case.
22nd Exhibit: this is a continuation of the Counterclaim that i filed (along with my client's Answer) in the brand-new divorce case that the lawyer representing the husband of my client filed, After I discontinued the original divorce and immediately filed her Petition seeking sole custody in the Family Court.
23rd Exhibit: this is the last page of the 'Answer and Counterclaim' that I filed on my client's behalf in the newly-filed divorce case.

24th Exhibit: this is the 'Notice of Entry' that I filed along with the First 'Temporary Order Regarding Parenting Time' that was signed by the Judge in our Family Court case. The filing of an 'Order with Notice of Entry' is the document that starts the clock running on the time in which the 'losing party' has in which to appeal the Order. 
Remember how I after I withdrew my client's divorce case, I then filed this Petition in the Family Court in early June, 2012, then it was processed by the Family Court in mid-June, 2012, then we were given our first court date in July, 2012, then the judge signed the very first Temporary Order in the Family Court case in Aug., 2012? I am telling you that NOTHING happens this quickly in the Supreme Court, not in divorce cases and not in any other type of lawsuit that is filed in the Supreme Court.
25th Exhibit: this is the actual TRIAL SCHEDULE that our judge in the Family Court (for the custody and visitation case) set down for all the parties back in Sept., 2012. The date on this Notice to Appear (bottom left hand corner) is Oct. 18, 2012, but we had already been assigned this schedule leading up to trial in Sept., 2012.
The judge that our case happened to be assigned to (she is now retired) was great at getting to the bottom of each case and sniffing out the strengths and weaknesses of each party/parent. Therefore, she did not believe that the expensive, mind-numbing process of 'forensics' was necessary, which was why this case was pushed forward so quickly. The parties would up settling on the eve of Dec. 3, 2012, which would have been the first day of trial.
Keep in mind that the very First Time that we even appeared in the Family Court for this case was in July, 2012. You will never see this kind of swiftness in the Supreme Court for a divorce case.
This is the first page of the Final Order a/k/a Stipulation of Settlement that resolved all the issues having to do with the parties' custody and visitation of their children. As you can see, I forgot to 'black out' Judge Phillips' name, but so be it. She was a pleasure to practice law in front of and she is/was an excellent example of what an outstanding 'matrimonial law' judge should be: pro-active, smart, fair but tough and always no-nonsense.
Second page of the parties' agreement regarding custody and visitation. This written language is all my work. When either a Family Court case or divorce case settles, there is no set law or rule as to which lawyer will write the final written agreement. Since I had written the first two (2) 'Temporary Orders' in this case, I offered to write the final Stipulation of Settlement' and my client was fine with it.
I have learned that I can finish writing this document and send it to my adversary for his/her commentary on my draft faster than most lawyers can. I guess I do this by working very long hours.
Third page of the parties' final agreement on the issues of custody and visitation.
Page 4 of their final agreement, often called a 'Stipulation of Settlement' in New York courts.

Page 4 of their final agreement, often called a 'Stipulation of Settlement' in New York courts. Comments

Wednesday, March 23, 2016

Contested Divorce Cases and the Psychology Behind Them (Part I)


Chapter #1: The Damage That The Lawyer/Law Firm Representing Your Spouse Can Do To Your Divorce Case


Since 2002, I have been handling divorce cases, including the most unpleasant contested divorces that you can imagine. I have seen how delicate these cases are and how people who are getting divorced are lied to (or deceived) repeatedly by the following: a) their own lawyers; b) independent paralegals who are acting as lawyers; c) other people who got divorced and now claim to know the divorce process back and forth. When it comes to the American legal system, I am telling you that the process of getting divorced, especially if you are involved in a contested divorce, is one of the most illogical, expensive, inefficient and therefore shameful processes in this country. It is a process that revolves around money and it permits many people to profit from that unsuspecting client who is focused just on getting divorced and has placed his/her faith and trust in the system. 



I know the process of getting divorced in New York back and forth and it sickens me. I see people being taken advantage of and manipulated on practically a daily (meaning hourly) basis. As a result, I have learned to push these cases through the legal system as fast as I can because I have never heard any divorce client say the following to me: 



‘Henry, it doesn’t matter if I get divorced in 1 year or 12 years. I’m not in a rush.’



I am the only divorce lawyer that I can think of who is genuinely interested in getting a client’s divorce case done as Rapidly as possible. I have learned that the ideal situation is where I am working in tandem with the lawyer who represents your spouse to get the case done efficiently and in a cost-effective way. But from my observations, there are legions of lawyers who couldn’t care less how long your divorce case goes on for. The longer the case goes on, the more money falls into the hands of the lawyers for both spouses, the more money is paid to the ‘law guardian’ a/k/a ‘attorney for the child(ren) and the higher are the chances that the very expensive process of forensics will be utilized, in which the ‘expert’ that is chosen to conduct the forensics is paid a handsome sum of money to investigate and write an extensive background on the psychological background of both parents. In the City of New York and wealthy suburbs such as Long Island, Westchester, etc., the process of having the forensics done, by itself, can cost $7,500 to $10,000. 



The amounts of money that are thrown around in contested divorce cases are staggering. What person’s head would not spin after seeing these huge amounts of money being divvied up, as if you had your own gold mine? I have met many people who have spent upwards of $25,000, $50,000, even $100,000 in a contested divorce case. Things in this country should not be this way. You should have not have to forfeit your retirement savings just to get divorced or to obtain custody of your child(ren). 



Whenever I write an article on the legal system, you will find plenty of documents that support the statements that I make. These documents will hopefully help you or anyone you know better understand the not-so-clear process of navigating through a contested divorce in NY. If you live outside NY, I am sure that the actual names of the documents you see here are different, but the principles of law and the purposes of these documents have to be very similar. 



Case Study #1: The Married Couple That Has Been Separated For Years
There are so many couples that fit into this category. I always offer a reasonable flat fee for handling these types of divorces. These cases do not result in appearances in Court, loud fights, and virtually no ‘discovery’ (demands from the lawyers going back and forth, depositions, etc.). My experience is that my client’s spouse is ready and willing to sign the divorce agreement, which is called a ‘Stipulation of Settlement’ in New York. This is what I call a ‘pure uncontested divorce’ which is a divorce case where no appearance in Court takes place. In fact, if I am the lawyer who files the divorce, the other spouse really does not need to hire his/her own lawyer. 



You will invariably find lawyers who try to gouge 1 or both of the spouses for higher fees for this type of divorce. I’ve never charged a client by the hour for this type of divorce. The spouse might be living in another state (as in the case study below) or even living in another country. I’ve mailed all the paperwork to be signed to the other spouse who lives in Costa Rica, Mexico, etc. and the papers are always signed, notarized properly in that state/country, and mailed back to me in a timely manner. These couples are already de facto divorced and the actual filing of the paperwork is an afterthought. 



The document marked 3-A at the top is the cover letter that the lawyer representing the plaintiff spouse needs to file with the ‘uncontested divorce packet.’ One of the most commonly asked questions relating to the divorce process is, ‘how long does a divorce process take?’ The wrong thing to do is to measure the processing time from the date that the divorce case was originally filed. The right thing to do is to measure the processing time from when all the required filing fees have been paid and the entire ‘uncontested divorce’ packet is filed with the Clerk of the Court. From that time, in Nassau County it takes 3.5 to 4 months for the Judgment of Divorce to be signed by a Judge/Referee. The Judgment of Divorce is the only document that officially ends a marriage. The signing of the divorce agreement (‘Stipulation of Settlement’) does not end the divorce. 



I always try to file my divorce cases in EITHER Nassau County or 'New York County' (Manhattan) because the processing times for uncontested divorces are the shortest. 'New York County' is also known for processing uncontested divorces very quickly, meaning in 4 to 6 months (closer to 4 months from the date the 'uncontested divorce packet' is filed but only if there are no children involved). Orange County is very fast as well. The processing times for an uncontested divorce in Suffolk County, Queens and Kings County (Bklyn) are much longer, meaning from 9 months up to 1 year. The Bronx is the worst and if you have the misfortune of having your divorce case filed in the Bronx, you will most likely be waiting for over 1 year, meaning after the 'uncontested divorce packet' has been filed before the Judgment of Divorce is signed by a Judge or Referee. 



Some people will say, 'but my divorce is contested!' This is what I am telling you after seen so many of these cases: over 95% of all contested divorce cases, whether they involve nasty and expensive custody battles, the issue of relocation with the child(ren), rampant cheating by 1 spouse or both spouses, Orders of Protection flying back and forth, money being squandered and high attorney fees, multiple lawyers being hired by 1 spouse (or both spouses), will wind up being settled by a Stipulation of Settlement, whether it is written or verbally placed 'on the record.' If you have a highly emotional contested divorce case, I almost guarantee that there will come a point where both parties get tired of taking time off from work, hiding their 'true' finances (this happens all the time), tired of paying loads of money for lawyer fees, and eventually they will settle. The craziest thing is that sometimes the spouses settle even after the trial is over and the judge has already issued a written Decision. 



So what happens to the less than 5% of all divorce cases that do not settle? Those cases will proceed to trial, then the Judge will take several months (or in the courts of NYC, up to 1 year) to issue the final Decision, and then you will see in the Decision the Judge's instructions to submit the final paperwork in order to complete the divorce case to the Clerk of the Court. So in the end, even the contested divorce cases that proceed to trial and 'verdict' a/k/a written Decision are basically similar to an uncontested divorce at the very end of it all. After all, no married person can obtain a Judgment of Divorce in New York State without having submitted this required paperwork at the very end of the process! That is why it is very important to know the processing times for each and every county/borough regarding divorces. 



The receipt labeled 3-B is for the index number, which costs $210.00. It costs $210 to file any lawsuit in the NYS Supreme Court, including a divorce case. I purchased the index number for this case on March 7, 2014. If this divorce case had lasted into 2017, I assure you that measuring the time from when the case was filed on March 7, 2014 would be meaningless. This couple did not have any children, did not own any property together (no marital debt either) and the wife had left my client in 1999. In fact, he did not even know where she lived in 2014, but thankfully I found her alive and residing in another state. 



There are subtle things that an experienced person in any profession and trade should do in order to speed up the process of getting their job done. In order to gain the trust of a person who has relocated to another state and is no longer in contact with his/her spouse (who knows if there were hard feelings between any 2 long-term separated spouses), I do the following: A) I write a cover letter to the other spouse that is toned-down and not aggressive; B) I never use a process server to deliver the Summons and Complaint. In fact, I believe that many lawyers are so dense and unimaginative that they use a process server to serve the other spouse in every case, no matter what the circumstances and what is the level of hostility that already exists. 



In New York, the ‘defendant spouse’ must be personally served within 120 days after the divorce case is filed, regardless of where the ‘defendant spouse’ lives. This requirement applies even if the other spouse lives in another state or another country. But since there is a way around this requirement (and I view myself as a ‘problem solver’), I learned years ago how to approach the other spouse and gain that person’s trust. 



I have always believed that the lawyer representing the ‘plaintiff spouse’ (the spouse who files the divorce case) will intentionally have the process server deliver the documents to the ‘defendant spouse’ in an embarrassing way so that the ‘defendant spouse’s emotions, if they are not enraged already, become further enraged against the other spouse. This is only 1 of an endless series of subtle things that a lawyer can do to stretch out a divorce case and thereby make more money. 



You will see my notarization stamp on document 3-C but I only witnessed my client’s signature here in New York. A notary public cannot witness the signature of a person that he/she has never met. On page 3-D you will see that the wife’s signature was properly notarized in the state where the wife resides. To this day I have not met her and I properly never will. 



This divorce case is about as simple as it gets, the only complication being that the ‘defendant spouse’ resides not close to New York. I included this case summary to show you how fast a divorce case like this can be processed. It does not take 9 months or years and years to complete this kind of divorce case. Remember that I also normally charge a flat fee for divorces like this. 



In New York State, the clerk’s office will mail you a postcard (document 3-E) stating when the Judgment of Divorce has been signed and filed and can be picked up. For those of you seeking to remove your spouse from your medical benefits plan, this is the document that you will need. 



I can handle Any divorce case in Any county/borough of New York State. For the above type of divorce case, neither spouse needs to show up in Court. Everything can be done through the mail. If you cannot find an affordable divorce lawyer who truly works quickly and offers a fair price, I would love to hear from you! 



Case Study #2: The Divorce Case Where The Opposing Lawyer Causes Delays and Is Not Interested In Resolving The Case 



It is an understatement that there are many cases that fit this description. Even if the spouses are at each other’s throat, both lawyers should act professionally and work in an efficient manner to move the case forward. But I have found that this most often does not happen. In contested divorce cases, it is rare that I wind up sharing the workload with the opposing lawyer 50%-50%. Now that I have come into my own as a divorce lawyer, I have seen that I wind up advancing the entire case, with little or just no help from the other lawyer, in over 90% of my contested divorce cases. This is not an exaggeration. 



In this case, I literally knocked the wife’s law firm off the entire case. Her law firm was irritating, did basically no work and was looking to gouge my client for money (for alimony a/k/a ‘maintenance’ and for their attorney fees). If I see that the other spouse’s law firm is doing this, I have often urged my own client to convince the other spouse to discharge that law firm and to allow me to handle the remainder of the divorce case. This is not illegal and this is not unethical. Remember that when it comes to some of the spouses that my client is getting divorced from, I do not want to even be in that person’s presence. But some cases are ripe for an outcome like the one from this case. I will also say that some lawyers are so negligent that they deserve to be discharged by their own client. 



I would never guarantee that this will happen in your case. Some spouses are more dangerous on their own than when they were represented by counsel. But this does happen from time to time, especially when my client sees that my only concern is to end an otherwise ‘normal’ divorce case quickly. The great difference that separates contested divorce cases from all other types of civil lawsuits in America is that in a contested divorce case, even after both spouses ‘lawyer up,’ they will often continue to talk to each other directly. 



The only exception is when at least 1 spouse has an Order of Protection against the other spouse. The generic term ‘restraining order’ is called an Order of Protection in New York State. But even in these situations, I have seen that the spouses still communicate with each other, especially if the Order of Protection is only a ‘refrain’ O/P that allows the parties to be in each other’s presence but simply prohibits certain types of behavior. 



I filed this divorce case on Sept. 20, 2013 (document 4-A). This was a less-than 5 years marriage that did not produce any children. My client sponsored the ‘defendant spouse’ for a green card (permanent residency) and you can say that each party benefitted from the other person’s companionship for a few years, even though I’m sure that they loved each other. This was not a fake marriage. 



Document 4-B is the standard Summons page that is attached to all Complaints, both of which must be personally served on the ‘defendant spouse’ in 120 days after the case is filed. Unlike the first Case Study, I knew that I had to have my client’s spouse served with a process server, so that person was served while at work because there was no other place where I could find that person. 



My client’s spouse hired a law firm that is relatively well-known to the general public. Any unsuspecting person would think that this law firm could competently handle a divorce case like this. But I came to find out that this firm was horrible. I only spoke to 1 of the named partners on 1 occasion and I clearly remember describing this marriage as a ‘green card marriage.’ This partner did not make a demand/request for alimony a/k/a ‘maintenance’ or for attorney fees or for any other form of financial assistance. After that phone call, I typed up a simple, short ‘Stipulation of Settlement’ and I had my client sign five (5) original, identical versions of it. The following day, I walked those five (5) original Stips. of Settlement to the other law firm myself. 



Soon thereafter, the ‘defendant spouse’s’ law firm began to demand money for maintenance and their attorney fees. What a surprise, since my client earned a 6 figure salary and the other spouse, having not grown up in the US, was earning much less in a part-time job. In a situation like this, there is no ‘referee’ from the Court to sort out the mess. Once I heard their ridiculous demands, I immediately requested a ‘Preliminary Conference’ in the Supreme Court. The first conference for any type of lawsuit in the Courts of the NYS Supreme Court is called the ‘Preliminary Conference.’ 



I requested the ‘Preliminary Conference’ in late Dec. 2013 (document 4-C) and the Supreme Court processed my request 2 to 3 weeks later (document 4-D and 4-D(1)) and assigned the date of March 21, 2014 for the ‘Preliminary Conference.’ But to further drive my point home to the law firm representing my client’s spouse, I wrote a letter that you can describe as somewhat aggressive, dated Dec. 30, 2013 (documents 4-E(1), (2) and (3). I am 100% serious when I say that I have actually had to tell my adversary to take the divorce case seriously and I have done this more than 1 time. 



After the ‘green card marriage’ phone call, I never spoke to anyone from that law firm again. Instead, they filed a Motion called an ‘Order to Show Cause’ seeking the following: A) an award of temporary maintenance, also called maintenance pendente lite; and B) an Order forcing my client to pay ‘only’ $7,500 in attorney fees to pay for their representation of my client’s spouse who had undoubtedly benefitted greatly from my client’s sponsorship of her for permanent residency. Please see documents 4-F(1), (2) and (3). 



It is very hard for any person who enters the US to obtain permanent residency. Unless you are ‘special’ in the sense that you are applying for asylum or you have exceptional skills (professional athlete, international model, renown author/speaker, etc.) or you have been physically abused by a spouse, a ‘normal’ person cannot self-sponsor for permanent residency. In most situations, an applicant must be sponsored by a relative or employer for a ‘green card.’ Sponsorship by a spouse is the easiest and fastest method but many people believe that they can pay for this process. Remember that our immigration system is trained to pick out these fake marriages. 



I could see that this ‘Order to Show Cause’ was filed by this law firm without the full knowledge and consent of my client’s spouse. This was simply a blatant money grab that happens all the time in contested divorce cases. Once my client’s spouse found out about it, she began to speak regularly with my client and I urged my client to convince the spouse to discharge that law firm, which happened the night before the ‘Preliminary Conference’ (document 4-G). Since my client’s spouse was a native Portuguese speaker, I made sure that the spouse’s daughter did all the translating of that document before the spouse signed it and I notarized the signature. 



At the Preliminary Conference, the judge asked the other spouse, who was now pro se, what that person intended to do with the ‘Order to Show Cause’ that was filed by the former law firm. The Motion was withdrawn but I had to write out the written withdrawal of it (document 4-H). 



The entire uncontested divorce packet was filed on April 10, 2014 (document 4-J), the remaining required fees were paid on that same day (document 4-K). In late Aug. 2014, I received the postcard stating that the Judgment of Divorce had been signed, thus ending this couple’s marriage (document 4-L). 



Just to bolster what I’ve said about this law firm that was so neglectful of this case, my client’s now ex-spouse showed me a copy of the law firm’s Invoice (document 4-N). I believe that this law firm’s former client paid a total of $500.00 and not a penny more. You can see that a partner’s hourly rate is $495.00 per hour for each hour (these are 2014 rates). The greatly affordable hourly rate of $395.00 per hour for each hour (yes, I am being sarcastic) must be for an associate lawyer’s work, whatever this law firm imagines their work product to be.



Needless to say, I can handle contested divorce cases that involve opposing law firms that are neglectful, insulting, or that try to intimidate the other lawyer. I do not waste anyone’s time by playing these stupid games and wasting my client’s money. I just go hard after the goal and it is true that for the past few years, I am the person who winds up advancing the entire divorce case in over 90% of my divorce cases. In these 2 Case Studies, I wound up doing all the work myself. 



As I always say at the end of my Articles, thank you for reading this material and I hope that you (or someone you know) will find it helpful!