Do I need a lawyer to divorce in NY?

Asked about 2 years ago - Poughkeepsie, NY

Separated over three years now.

Attorney answers (6)

  1. Howard A. Schwartz

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . There is no requirement that you have an attorney to process a divorce. If you can figure out all the paperwork and filing then the matter can be done pro se. You can check with the clerk of the court in the county you reside and ask if they have packages for parties who would like to to process divorces without the assistance of counsel. You can also check the website for the NYS Office of Court Administration to see what information is available. If the task seems too complicated, you can always reach out to various attorneys in order to find help. Good luck.

    I have been an attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email:... more
  2. Robert A. Stumpf

    Contributor Level 19


    Lawyer agrees

    Answered . No, but it's better to have one. Your best bet is to find a NYS attorney that will charge you a reasonable fee and do the right job. There are many alternatives.

  3. Eric Edward Rothstein

    Contributor Level 20


    Lawyer agrees

    Answered . It is always better to have a lawyer. How will you know if your spouse offers your a fair deal?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Lawrence Allen Weinreich

    Contributor Level 18


    Lawyer agrees

    Answered . If you feel that you can complete all the required forms for a divorce (available on line or at the supreme court along with directions) then the answer is no. However, it is advisable that you have an attorney look them over before you file them.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  5. Richard Batelman

    Contributor Level 8


    Lawyer agrees

    Answered . You can proceed without a lawyer, but it can get complicated. I suggest consulting with an attorney to discuss in further detail. Let me know if i can be of any further assistance.

  6. Virginia Giselle Alvarez

    Contributor Level 16

    Answered . It is not necessary but is helpful. If it is an uncontested matter the forms are available online. However note that what begins uncontested quicly becomes litigious at times. there are certain aspects of divorce and the matters that need resolution that the insight of counsel may be a benefit. If you have a seperation agreement already you can move to have it merge but it is possible the other side decides they want more.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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