Do I need to hire an attorney for my divorce in New York?

Asked in Scarsdale, NY on June 5, 2018 Last answered on January 27, 2026

3 answers

Patricia Ann Fersch
Answered by:

Patricia Ann Fersch

New York, NY
Fersch LLC Family Law 646-679-1456
Answer

It depends on the issues in your case and whether they are contested. The Court website is a good place to start: NYCourts.gov.

January 21, 2026
Frank L. Perrone, Jr.
Answered by:

Frank L. Perrone, Jr.

New York, NY
Tarter Krinsky & Drogin LLP 212-216-1162
Answer

New York does not require you to hire an attorney to file for divorce. You can file on your own (pro se), and all forms are available online from the courts.  However, having a lawyer is often strongly recommended depending on your situation.  For example, you may be able to proceed without a lawyer if your divorce is uncontested and you and your spouse agree on all of issues of the divorce, i.e., property distribution, support, etc.  But if your case involves issues of custody or visitation of minor children, child support or spousal maintenance, division of marital property or debt it is in your interest to consult with and to consider retaining an attorney to represent you.  These issues can often be complicated and if you are not familiar with or do not understand the applicable law, you could jeopardize your rights and interests. 

    January 21, 2026
    Morghan Richardson
    Answered by:

    Morghan Richardson

    New York, NY
    Tarter Krinsky & Drogin LLP 212-216-1195
    Answer

    Generally, most people are not familiar enough with the divorce process to handle their own case ("pro se" without a lawyer). There are a number of options for low conflict cases, such as mediation. If there are not many assets and no children to fight about, you might even find help at the Supreme Court help office. The State has also put forms for joint uncontested divorces online on the courts' website. Of course, a good lawyer will help you navigate the situation in a manner that best suits your needs. Best of luck!

    January 27, 2026

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