Do I Need A Lawyer to get a divorce?

Do I Need a Lawyer To Get A Divorce? 

It is strongly advised that parties to a divorce meet with a lawyer because divorce law can be complicated and it is important that each spouse’s interests are represented and advocated for, as well as that the divorce follows the proper legal procedure. If the divorce is uncontested, and all financial and custody issues have been resolved, parties to a divorce can use the Uncontested Divorce Forms Packet from the courts, but even in these cases, it is highly recommended that a lawyer is consulted.

How does the uncontested divorce forms packet compare to using an attorney for my divorce? 

The uncontested divorce forms packet from the court can only be used if your divorce is truly uncontested. This option does not have room for much disagreement on any terms with your spouse. If you are dealing with child custody, child support, alimony, division of property, and division of debts, these topics cannot be addressed in the uncontested divorce forms packet option from the courts. 

What information do I need to complete the uncontested divorce forms packet? 

If you decide to go with using the uncontested divorce forms, you will need 

• The name, previous last names (if any), current address, social security number, and phone number of the person you want to divorce.
• A copy of your marriage certificate.
• If you have any of the following: Settlement Agreement, Order of Protection, etc.
• If you have an extreme financial hardship and can’t afford the court fees: information about your income, the things you own, and how much you spend a month on utilities and rent.

Why should I opt to use an attorney for my divorce? 

Using an attorney for your divorce gives you someone in your corner to advocate for what you (and your children) may need. Divorce and family law attorneys are legal experts with the experience to make sure you get the best possible outcome for your case. Attorneys spend their careers helping people through divorces and have extensive knowledge of how to limit delays and how to get you your ideal outcomes regarding alimony, child support, child custody, division of assets, and division of property. The more important the result of those issues is, the more reason to use a qualified divorce and family law attorney for your divorce. 

I did not use an attorney for my divorce but now I need help updating child support and custody. Can I use an attorney for this? 

New York state law requires that there be a substantial change in circumstances to revisit child support and child custody agreements. The law does not prohibit using an attorney now, even if you opted against retaining legal services in your original divorce agreements. The courts aim to rule in the best interests of the child regardless of your legal representation decisions. 

Can an attorney help me get custody during my divorce? 

The New York courts strive to rule in the best interests of the children when deciding custody arrangements during a divorce. An experienced divorce and family law attorney in New York can help you build a strong case as to why you should receive the custody agreement you are seeking. A divorce attorney can help position you in the best ways possible in front of the courts throughout your divorce and family law matters. 

If my ex is getting a lawyer, should I get a lawyer for my divorce? 

While not required, if you want the best chances at receiving the best outcome, you should get a lawyer for your divorce, especially if you know your ex will have a lawyer for the divorce process. 

Can my ex and I use the same lawyer to get a divorce? 

A lawyer can not represent both sides of a divorce because that would be a conflict of interest. The first party to engage with a divorce attorney has exclusivity to work with that firm, so don’t delay if you want your first-choice lawyer for your divorce. 

If you need a qualified divorce and family law attorney at any stage in your divorce, reach out to Brian D. Perskin & Associates at 1-800-DIVORCE.