Do I Need A Lawyer to get a divorce?
Legally Reviewed By: Brian D. Perskin
Date: July 24, 2025
Our team of expert attorneys in Manhattan and Brooklyn can guide you through your divorce process.
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.
CONTACT A TOP DIVORCE LAWYER IN NEW YORK
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.
- M.Words can't describe how happy I am that I used Mr. Perskin. I was in a pretty gnarly situation (to say the least) and from the moment we met, he showed immense confidence, listened to me, and fought super SUPER hard for me. It was a relief and gave me so much satisfaction to see how much he got my back (which i didn't have previously). His communication was A+ and in the end I was able to avoid a trial because of him. He kept me honest, managed my expectations, and also i really loved working with his son Jared, that dude is GOING PLACES! I will recommend Brian to everyone and also has an awesome book! thank you thank you!!
- J.INCREDIBLE LAWYER If you are looking for an great attorney that knows what they are doing look no further. Brian and his staff are very knowledgeable, they respond quickly they kept me up to date through out the entire divorce process. Brian's advice on everything was spot on. I would refer him over and over, it was one of the best decisions I could have ever made.
- J.Brian was a patient and steady advisor. More than anything, I appreciated that while he always helped me understand my rights, our conversations took into account the best interests of my family in the long term. He won't give you false expectations and he will not coddle you. But he is effective. He's straight forward, good on his feet in the courtroom and measured. I find myself coming back to him for advice even after my divorce was finalized.
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.
Brian D. Perskin is a veteran New York divorce attorney with years of experience handling complex divorces and high-conflict custody cases. Known for his sharp litigation skills and client-first approach, he has built a strong reputation for protecting his clients’ interests with unwavering dedication.
Named a Super Lawyer from 2022 to 2025 and highly rated on Avvo, Mr. Perskin is also a respected speaker and the author of Winning Divorce Strategies and How to Win Custody, two practical guides to the divorce and custody process in New York.
Education: American University Washington College of Law, J.D., 1990
Years of Experience: 26+ years
Top New York Child Custody Attorneys
Schedule a Consultation Today
- (866) 932-8389
- 44 Court Street Suite 1210, Brooklyn, NY 11201
- 122 East 42nd Street 4th Floor, New York, NY 10168
