Divorce proceedings can be an emotionally and financially charged experience. Many find it helpful to consult a family law attorney, who can explain their rights, responsibilities and options as well as ensure all paperwork is appropriately filed. However, in certain cases a person may be able to navigate these proceedings on their own; the answer will depend on individual circumstances as well as state laws.
In New York, for instance, if both you and your spouse agree on all issues (including property division), have lived separately for six months, and don’t have minor children, then an uncontested divorce may be filed in Supreme Court without needing legal representation. Do-It-Yourself Uncontested Divorce Program on the New York State Courts website. Filing fees will apply; however, fee waivers may be available for those experiencing extreme financial hardship. Furthermore, consider whether or not you know where your spouse lives as there may be alternative means of service that could help expedite this process.
Some individuals think they can save money by hiring non-attorney services to handle their divorce proceedings, instead of an attorney. While there may be some reputable non-attorney services that provide basic legal information and complete forms for you, an attorney offers more insight, experience, and knowledge compared to these types of non-lawyer services – they’ll also help prevent costly mistakes which could have serious ramifications for both yourself and your children in the future.
Even in cases in which both spouses agree on all issues, it may still be prudent to consult an attorney. Divorce involves complex tax implications which could have lasting ramifications if any mistakes occur in regard to tax payments or decisions about property distributions. An experienced attorney can guide your choices with regard to tax considerations while offering insight into any long-term implications that your decisions could bring about.
If you and your spouse cannot reach an agreement regarding property settlement or custody disputes, divorce mediation could be the way forward. A trained mediator can facilitate discussions to find solutions that suit both sides and help avoid a costly and drawn out trial procedure.
Though it is possible to navigate a divorce proceeding on your own, most attorneys do not advise it due to the inherent risks involved with taking on such an emotionally charged process on your own. An experienced lawyer can help guide the process and ensure the best result possible for both yourself and your family.
