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Key Takeaways In This Guide Include:
When it comes to a divorce lawyer, most people believe they only need them when they are going through a contested and messy divorce. But that’s not the case. Even in an uncontested and rather peaceful divorce, there are valuable reasons to still work with a qualified divorce lawyer in New York.
While it’s best to have a divorce lawyer review the process, there are some steps you can handle on your own. For example, instead of going to document drafting companies that can charge you up to $500, you can access the divorce packet from the New York Courts’ Website.
The Uncontested Divorce Packet is downloadable. Most of the forms are in Microsoft Word form or can be converted to Word. The Courts’ website has most of the forms and a set of instructions on how to fill them out.
Having said that, the forms an attorney will draft for you will be tailored to your unique case and circumstances. At the very least, it is advisable to have an attorney review the Uncontested Divorce forms you’ve completed to be sure they are correct.
Although it’s possible to file for an uncontested divorce without a lawyer, you should know it isn’t without risks. For example, you can download a Parenting Agreement from the Court’s website. However, the major problem with these online forms is that they are skeletal and generic.
The basic online form does not check for the specific family situations that your attorney would ask and know about. Additionally, there’s little way to build your specific information into the skeletal agreement available on the Court’s website.
Typical attorney agreements are very carefully worded and can go on for 30 to 50 pages. If you need to divide property or assets or navigate child custody, it is not recommended to handle your own agreements.
You’re likely to omit key information or make critical mistakes if you’re relying solely on an online form. These errors can come back to bite you later on, and a skeletal agreement may not allow you to modify or enforce certain provisions that you otherwise could have. You may also be inviting other costs and even litigation down the line by using a basic agreement.
Spending a little extra money on an attorney to handle your uncontested divorce and the agreement is going to save you headaches, stress, and potentially even more money down the road.
Having an uncontested divorce attorney in New York can serve various functions, including:
Having an uncontested divorce attorney in New York can help streamline the process in several ways.
First, they ensure the forms are collected and filled out correctly. When filling out and e-filing the divorce complaint, your lawyer can guide you on the next steps. These steps will include:
Your attorney will know when to check in with the court for the judgment. If too much time goes by without a response, they can email or call the courthouse to follow up and get your divorce resolved as soon as possible.
Attorney David Bliven is a seasoned lawyer based in New York, who has helped countless clients just like you navigate the intricacies of family law. With extensive experience, he is prepared to assist you in filing for divorce and custody so that you can get started on the next phase of your life.
Still have questions? Ready to get started? Contact The Law Office of David Bliven today to schedule an initial consultation.
There are various factors affecting the cost of working with the attorney. They may charge several hundred dollars, and others may charge several thousand dollars (some more elite attorneys will charge $10-25,000+ up-front).
Fees vary based on whether your divorce is contested or uncontested, though some more practical attorneys will charge you based on the current situation.
For example, if you come to an attorney and let them know there’s a good chance your divorce will be uncontested, then they can charge you an “uncontested fee” and then build in a contested fee into the retainer so that the charges are lower. If the case becomes contested, you’ll only pay a supplemental fee at that point.
You should consider spending a sufficient amount to get a quality attorney to represent you, even if your divorce is uncontested. More “low-cost” attorneys will likely be volume attorneys, and these won’t come with the same level of care or a personal approach. If you can afford it, it’s best to seek out an attorney who can offer you more tailored care and attention.
It’s common for divorces to start out uncontested but to wind up having issues subsequently. Many clients anticipate an easy and quick settlement but don’t get one because the other spouse is not willing to play ball on matters like property division or child custody issues.
For example, a father may refuse to settle for the other parent receiving sole custody and will fight for joint custody instead. He may do this hoping to reduce his child support payments, and this debate creates a contested situation.
One spouse may also be opposed to some aspects of the settlement terms. For instance, if a mother has a drug or alcohol problem, the settlement may require some medical tests, which she may decline, creating a contested divorce.
There are many ways an initially uncontested case can become contested, and it’s best to have an attorney’s help in case matters become more complicated along the way.
The involvement of an attorney can make all the difference in the outcome. If your spouse refuses the clauses and conditions of a settlement agreement, the case will wind up before a judge.
In cases like this, it is crucial to have a lawyer on your side to advocate for you, share your concerns clearly, and ensure the other party does not undercut your rights.
If you have an attorney, they will be able to demonstrate that you are a good candidate for joint custody and show how you were involved in all aspects of your child or children’s lives. A lawyer can also help you gather the evidence you need to make your case and present it before the judge to get you the best outcome possible.
If you don’t consult an attorney, you will not know your rights or the right procedures to follow. If your spouse has a serious drug or alcohol problem, it’s best to allow an attorney to help a Judge understand the seriousness of the problem and gather the right evidence.
Leaving this kind of information out of a DIY uncontested divorce packet may cause these issues to be raised in Court, complicating your case.
Remember, you can still file for an uncontested divorce even if the other party has major issues, such as mental health concerns. Simply provide a letter from their therapist stating they are in therapy and they’re compliant with medications and treatment.
You can have provisions incorporated into your divorce settlement agreement stating, in effect, this is what they agree to do going forward. This gives the other spouse the security and knowledge that they’re addressing whatever problem they have. To make sure this process goes smoothly and that communication is strong, it’s best to have an attorney on your side.
For more information on Do You Really Need An Attorney For An Uncontested Divorce In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 468-0968 today.
Attorney David Bliven is a seasoned lawyer based in New York, who has helped countless clients just like you navigate the intricacies of family law. With extensive experience, he is prepared to assist you in filing for divorce and custody so that you can get started on the next phase of your life.
Still have questions? Ready to get started? Contact The Law Office of David Bliven today to schedule an initial consultation.
