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, 20263 answers
It depends on the issues in your case and whether they are contested. The Court website is a good place to start: NYCourts.gov.
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.
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!
Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!
Submit a question and get answers for free from a Super Lawyers Selectee.
Ask a questionThe information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.