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Do I need an attorney to file for uncontested divorce?

Huntington, NY |
Filed under: Divorce Adultery

I have only been married for just under two years. We share no children or marital property together and finances are a concern for me as I've been a stay-at-home wife for the entire marriage. I am not planning on requesting alimony and he is on unemployment and in debt anyhow. He has committed adultery and I want a fast cheap divorce. Do I have any reason to hire a lawyer? Also, he filed married filing jointly last year when he cashed out his 401k to pay bills and ended up owing the IRS over 50k. I am working with the IRS to remove my name from the tax status being that it was done without my knowledge or consent. I am moving out of our residence within the next two weeks and I haven't begun the filing process for a divorce.

Attorney Answers 8

Posted

You are not requires to have a lawyer to file for divorce. You can check the NYS Office of Court Administration website for information on how to proceed pro se. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

As a general observation, Mr. Schwartz offers a good general observation. It is always advisable to consult a local lawyer, licensed in your jurisdiction, when facing a legal issue. At minimum, you should talk with a local divorce attorney.

Posted

There is no law that requires you to use an attorney. However you may find it worth the money - depending upon how comfortable you are working through the various issues and filing the appropriate paperwork.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Mr. Browde. It is always advisable to consult a local lawyer, licensed in your jurisdiction. Once you've met with a local lawyer about your case you should be better able to make an informed decision regarding your situation. Many lawyers, in a majority of jurisdictions, provide free initial consultations; see if there are any in your area.

Posted

You should. The paperwork is complicated and the more errors you make the longer you will be married.

Good luck.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Lomtevas makes a good general observation. At minimum, you should consult with an experienced attorney, licensed in your jurisdiction, about the specific facts and details of your case. Once you've met with a local lawyer about your case you should be better able to make an informed decision as to how you want to proceed.

Posted

Do you NEED an attorney? No. You don't need an attorney to defend yourself against a murder charge either. Is it a good idea to have an attorney? Of course. There are details that should not be missed and can come back to haunt you if you do not address them properly. I have handled many post judgment divorce matters not handled correctly (sometimes by inexperienced lawyers) and it is difficult or nearly impossible to correct mistakes later. I strongly advise you seek a local attorney to help you with this.
Howard E. Knispel, Esq.
Commack, NY
631-864-7589

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Mr. Knispel; a skilled injury attorney in your jurisdiction will know which questions to ask you about your situation so that they can provide you with a competent advice. Once you've met with a local lawyer about your case you should be better able to make an informed decision as to how you want to proceed. Many lawyers, in most jurisdictions, provide free initial consultations; see if there are any in your area.

Posted

I agree with my colleagues it may be easier and quicker to hire an attorney.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at myra@fleischerlawoffice.com. Contacting us does not create an attorney-client relationship unless we are retained.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Ms. Fleischer. At minimum, you should consult with an experienced attorney, licensed in your jurisdiction, about the specific facts and details of your case. Once you've met with a local lawyer about your case you should be better able to make an informed decision as to how you want to proceed. It is not advisable for you to try and handle your divorce pro se.

Posted

You don't need a lawyer but it is generally best to have one. With your situation regarding the taxes, hiring a lawyer would be a wise investment.

It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Sternberg provides a good general observation regarding the general facts that you provided. As a general observation; from the small bit of info that you provided, your case does not sound simple. At minimum, you need to consult with an experienced attorney, licensed in your jurisdiction, about the specific facts and details of the case.

Posted

You may not want to hire an attorney for financial reasons (you stated you want a "fast, CHEAP divorce"), but retaining one will be your best bet. You may want to look into contacting the Suffolk County Bar Association for assistance- http://www.scba.org/eva/index.php?p=lris

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Mr. Perskin's general observation. It is highly advisable that you consult with a local attorney, licensed in your jurisdiction.

Posted

As a general observation: really, you’re asking a rhetorical question because you already know the answer. Just from the general facts you've provided, your case is not simple. At minimum, you need to consult with an experienced attorney, licensed in your jurisdiction, about the specific facts and details of the case. Don’t delay; it is highly advisable that you meet with an attorney as soon as you can. Once you've met with a local lawyer about your case the case you should be better able to make an informed decision regarding your case.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

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