Frequently Asked Questions
LEGAL FAQS:
ARE FOR THE PEOPLE PERSONNEL ATTORNEYS?
No, we are not attorneys. We are Legal Document Assistants or Legal Document Preparers. In some states, like California and Colorado, being a Legal Document Assistant is a licensed profession. We prepare your documents and file them at your direction using information supplied by you. We are not able to give legal advice.
WHAT IF I NEED LEGAL ADVICE?
You can always consult with an attorney of your choice. We can provide you with a referral for an excellent local attorney who specializes in cases similar to yours if you have questions we cannot answer for you.
NEW YORK STATE DIVORCE FAQS:
CAN ‘FOR THE PEOPLE’ HELP WITH A NO-FAULT DIVORCE?
On October 12, 2010, a new law took effect in New York State which added no fault divorce grounds as an option for divorce filers to use. This would require at least one party to swear under oath that the marriage has irretrievably broken down for a period of six months or more. Contact us for more information.
I TRIED DOING THE DIVORCE DOCUMENTS MYSELF, NOW THE COURT HAS REJECTED THEM. WHAT DO I DO NOW?
Please call our office and speak with Richard Taylor. He is our divorce document specialist. In many instances, you may not be able to salvage your case; however, we may be able to assist you in filing a new divorce action properly.
I HIRED AN ONLINE COMPANY OUT OF NEW YORK STATE TO PREPARE MY DIVORCE DOCUMENTS, NOW THE COURT HAS REJECTED THEM. WHAT DO I DO NOW?
Unfortunately there are many companies online that are preparing inadequate, outdated or flat out incorrect New York State divorce documents. If the documents themselves were deficient in some way, ask that the company fix any problems or ask for your money back from them, although that may be difficult if they are out of state. If you paid by credit card, contact your credit card company about the sale and whether they can facilitate a refund for you. Keep in mind the court will not refund any of your court fees. Then hire a local, in-state document preparation company like For the People to help you with your next filing. For the People adheres to all industry standards, and we meet all of the American Association of Legal Document Preparers guidelines for hiring a quality, reputable legal document preparation company.
THE NEW YORK STATE UNIFIED COURT SYSTEM HAS AN UNCONTESTED DIVORCE PACKET ON THEIR WEBSITE. WHY SHOULD I USE A LEGAL DOCUMENT PREPARER WHEN I CAN PROBABLY DO IT MYSELF?
The difference is just $499.00, as the court fees are the same for all filers. However, this will be your first time filing for an uncontested divorce in New York. If we assist you, it will most likely be our 5,000th time filing for an uncontested divorce in New York. Sure, you can spend all your vacation time from work studying up on how to file for uncontested divorce in New York State and running around to the court clerk's offices and the Notary Public, but do you want to? And if you make a paperwork or procedural mistake and your divorce is rejected by the court, you might have to start all over again and you will not be refunded your court filing fees of $335.00. $499.00 is a small price to pay for peace of mind knowing your divorce documents will be the appropriate ones for your particular situation and that all the procedural aspects of your case will be handled correctly by professionals.
I SPOKE WITH AN ATTORNEY WHO TOLD ME YOUR DIVORCES ARE NOT "LEGAL". IS THAT TRUE?
The attorney's remark is flat out ridiculous. All of the documents we prepare meet or exceed New York State court standards and adhere to all applicable New York State Law. All the templates for the documents we use have been fully reviewed and approved by a licensed New York State Attorney. The documents we prepare for you are filed in the exact same clerk's offices and court systems that everyone in New York State must use, including attorneys. In any given year, we file hundreds and hundreds of divorce cases for our clients, which are ultimately signed and granted by New York State judges.
WHAT DOES THE TERM "UNCONTESTED" MEAN?
The term "uncontested" generally refers to that fact that neither party in a court action is interested in fighting the other party and neither party chooses to hire an attorney. For the People can only assist in uncontested court matters. If, for example, your spouse has hired an attorney to file for divorce, For the People cannot help you. We recommend you seek a competent matrimonial attorney of your choice in that situation.
I AM A SPOUSE IN A SAME-SEX MARRIAGE, AND MY SPOUSE AND I WANT TO GET DIVORCED. CAN FOR THE PEOPLE HELP US?
Yes, if you and your spouse can agree on all the important issues like marital assets/debts and minor children's issues, then we can assist you in an uncontested divorce. We welcome members of the LGBT community. In fact, For the People prepared the paperwork for the first pro se same-sex divorce in New York State!
I WANT TO GO BACK TO MY MAIDEN NAME AFTER MY DIVORCE. HOW DO I DO THAT? All of the divorce judgments we prepare include a standard clause so that the wife may resume using her maiden name or any other surname she was previously known as. Once your divorce is granted, the Certified Copy of your Judgment for Divorce can be used as proof at the Social Security Admininstration and at the New York Department of Motor Vehicles that you are allowed to use your maiden name again. We suggest you start by changing your name at the Social Security Administration and at New York State DMV, then once your ID is changed, you can change your information with your employer, your bank and other entities.
WHY ARE THERE FILING FEES FOR DIVORCE IN NEW YORK STATE? Many people access the Family Court System in New York State prior to filing for divorce and are used to the fact that there are no filing fees in the New York State Family Court System. However, divorces are granted in New York State Supreme Court, which is a higher court than Family Court. New York State Supreme Court does set filing fees in uncontested divorces. In most counties, those court filing fees will total $335. The court systems in every state need to take in revenue in order to operate the courts properly and pay judges and court personnel. It is reasonable for the courts to ask those seeking to use the court's time and resources help pay for those costs.
WHAT NEW YORK COUNTIES DO YOU FILE DIVORCES IN?
New York State Supreme Court, where NY divorces are granted, is part of the New York State Unified Court System. Therefore, we can assist with an uncontested divorce in ANY county in New York State, as the paperwork and procedural work for divorce is the same in every New York County. Please see our Resources page for a list of the New York County Clerk's Offices where we file most often.
BANKRUPTCY FAQS:
DOES FOR THE PEOPLE HELP WITH CHAPTER 13 BANKRUPTCY FILINGS?
No, we do not. The vast majority of people who file for Chapter 13 Bankruptcy need the advice and guidance of an experienced bankruptcy attorney. Please call us if you would like a referral for a competent local bankruptcy attorney that can help you with your Chapter 13 filing.
I WOULD LIKE MORE INFORMATION ABOUT CHAPTER 7 BANKRUPTCY. CAN YOU RECOMMEND SOME RESOURCES?
Yes, there are many reputable resources online and in the library to help you get all the information you need to file for Chapter 7 Bankruptcy. Online we suggest you check out legalconsumer.com for information on which district to file in and what bankruptcy exemptions are available to you. At the library or bookstore, we highly recommend books by Nolo Publishing, specifically their "How to File for Chapter 7 Bankruptcy" book. You may also wish to check out some of the Bankruptcy Court websites around the country. Some are better than others and many have a resource section for those who choose to file for Chapter 7 Bankruptcy without an attorney. We will also be including some publicly available bankruptcy information on our 'Resources' page. Check back to our website soon to view the materials as we post them.
WILL FAQS:
I PREPARED A WILL MYSELF FROM AN INTERNET COMPANY. CAN YOU WITNESS AND NOTARIZE IT FOR ME? Unfortunately, we cannot. Potentially, witnesses to a will or a Notary who has Notarized a will may have responsibilities in Surrogate's Court upon your death. Therefore, you may find it difficult to get people who do not know you personally to witness or Notarize your will. We provide the required two witnesses and a Notary Public for all wills that we prepare in our office as part of our service. If you would like us to assist you in the preparation of your Last Will and Testament, please contact our office.
WHERE SHOULD I STORE MY ORIGINAL WILL? You should store your original will in a safe place, along with your other important papers. A good quality fireproof safe is an excellent way to store these documents, and they can be purchased relatively inexpensively. You should let your executor and alternate executor know where your original will and important papers are located, so they can access them and secure them quickly upon your death. It is generally not advisable for most people to store their original will in a safe deposit box at the bank. Your safe deposit box will be sealed by the bank upon your death, so your executor may not be able to access the box in a timely manner after your death.
I WANT TO MAKE CHANGES TO MY WILL. CAN I JUST WRITE THEM ON MY ORIGINAL WILL, THEN INITIAL AND DATE THE CHANGES?
It is never a good idea to write on or mark up your original will document. Crossing things out and re-writing the language on the original copy of your will could possibly invalidate the document. If you would like to make changes to your will, note the changes on a separate sheet of paper, and then contact an attorney of your choice or For the People to help you prepare a codicil or brand new will.
MISCELLANEOUS FAQS:
DO YOU HAVE A NOTARY PUBLIC?
Yes, whenever we are open we have a Notary Public on staff. If you are a For the People customer, all Notarization of you documents is included free of charge. If you are not currently a For the People customer, we charge $2.00 per Notary Public signature in cash only. You must sign the document in our presence and provide photo identification.
DOES FOR THE PEOPLE HANDLE CRIMINAL MATTERS?
No, we only handle uncontested civil matters. However, if you would like to contact us, we may be able to refer an excellent local attorney to you.
HOW CAN I PAY THE FEES?
For our fees, we accept cash, check, and all credit and debit cards. The County Clerk’s Offices and Courts DO NOT accept credit or debit cards, so you must pay your court filing fees by check or money order only made payable directly to the appropriate Court or County Clerk.
I NEED TO HIRE AN ATTORNEY. CAN FOR THE PEOPLE GIVE ME A RECOMMENDATION?
Yes, we can refer you to local attorneys who we believe are competent and professional.
I NEED TO HAVE MY DOCUMENTS PREPARED IMMEDIATELY. DO YOU HAVE RUSH OR SAME DAY DOCUMENT PREPARATION SERVICES?
Yes, we can prepare certain documents within just a few hours, if necessary. Rush and Same-Day services are available for the following documents: Wills, Powers of Attorney, Health Care Proxies, Deeds, LLCs and Corporation filings. A modest rush fee will apply to these services.
HOW LONG WILL IT TAKE TO PREPARE MY DOCUMENTS?
The documents we prepare at For the People are typed specifically for you at your direction, using information supplied by you. All documents are then rigorously proofread to ensure you receive the highest quality legal documents available anywhere. Most of our documents are prepared and ready for you to sign within one week, depending upon your situation.
CONTACT US TODAY. WE’RE HERE TO HELP.