It is possible to get a divorce without hiring an attorney, but it isn’t necessarily advised. The field of matrimonial and family law are both highly complex, and your case may be at risk if you don’t entrust it to an experienced professional. Look at it this way: would you take on the task of performing a routine surgery without a skilled doctor?
The key to having a successful divorce is creating a winning divorce strategy, and the only way to accomplish that is to retain a law firm to work on your behalf. Whether contested or uncontested, hiring a team of attorneys will only benefit your case.
Consulting with an attorney prior to initiating your action in invaluable. They can provide sound advice, and thoroughly explain the divorce process to you. Websites and divorce blogs can provide a wealth of information, but nothing compares to having an attorney discuss your specific case with you.
No two divorce or child custody cases are the same. Just as each marriage or family has their differences, so do the legal actions that stem from them. Your best friend may have gotten a divorce last year, and while it’s okay to turn to them for emotional support, you should leave the legal knowledge to the experts.
Even if you ultimately decide to proceed with a custody or divorce matter without proper representation, despite my warnings, I strongly urge you to seek the sage knowledge of an experienced attorney. Their insight is priceless.
Uncontested Divorce Benefits
Couples often decide to proceed with an uncontested divorce as pro-se parties, meaning they are choosing to represent themselves during the action. This may not seem like a big risk, but it can pose a serious threat to the case.
The New York Unified Court System has very specific rules and procedures for legal actions, including divorce and family law matters. Documents must be executed correctly, and filed in a certain manner. There are fees to be paid upon filing of some documents, and all final paperwork must organized and submitted to the Matrimonial Office before they are reviewed by a judge. Failing to follow court procedures can result in rejected paperwork, and a delay in your divorce being granted.
It is common for uncontested cases end up becoming contested when parties are unable to reach an agreement regarding equitable distribution, alimony, or issues surrounding child custody and visitation. Attempting to negotiate or litigate a contested action on your own is an uphill battle that you are better off not fighting.
Abusive Victims Need Help
Victims of domestic abuse, whether it be physical, emotional, mental, or financial abuse, should never partake in a divorce action without proper representation from an attorney. Escaping an abusive relationship is stressful and scary, and these types of cases often require an Order of Protection.
An Order of Protection will be granted during a divorce or family court proceeding if there has been a history of violence in a relationship (towards the other spouse or children), or if there is a threat to the petitioning party’s safety. The Order’s main purpose to help prevent abuse, harassment, stalking, or other forms of violence.
Obtaining an Order of Protection can be complex, and a hearing is required before a judge can issue one. This is why having a lawyer represent you during a divorce from an abusive spouse is incredibly important. If you have suffered any form of domestic violence during your marriage, it is imperative you contact us to discuss your best options. You do not need to face this alone!
High Net Worth Couples
A high net worth divorce is far more difficult than a regular divorce, and are best served by a law firm that specializes in these complex kinds of actions. The best way to protect your assets, and secure your financial stability after your divorce is finalized, is to retain a team of attorneys who are dedicated to the discovery process and have experience handing such sensitive matters.
The discovery process goes hand in hand with equitable distribution in New York divorce actions, and can be quite extensive in high net worth cases. The volume of financial documents that must be subpoenaed or produced can be overwhelming if you are trying to juggle a work life, family life, and a divorce case on your own. An attorney will be able to request and analyze your former spouse’s records on your behalf, as well as help to compile your discovery response to be sent to opposing counsel. A lawyer with a keen eye for detail can also spot discrepancies in reported income or net worth, which may be a sign your spouse is trying to hide assets.
Business owners often fall into the high net worth category. Businesses are subject to equitable distribution, meaning your spouse may have a claim to part of your company’s worth. Valuing a business, and determining whether or not your spouse contributed to the company’s growth during the marriage, is crucial to the process. This is why it is imperative entrepreneurs retain an attorney to handle their divorce case.
Efficient and Time Saving Divorce
You probably want your case to be completed and finalized as soon as possible, so you can move on with your life post-divorce. Hiring a matrimonial and family law attorney to represent you during divorce is the most effective way to ensure a speedy case.
While it is impossible to predict an exact timeline for divorce, a lawyer can help keep your action on track, and make sure deadlines are being met. Don’t risk the road bumps by representing yourself during a legal matter- trust your attorney to handle the hurdles on your behalf!
Expertise You Can Trust
Placing your life, you family’s life, in the hands of a stranger is scary. You need to feel comfortable with the attorney you hire, and trust that they have your best interest in mind. At Brian D. Perskin & Associates P.C., we have represented thousands of New York City families navigate the waters of divorce, and will draw on our experience to help you achieve a fair and equitable settlement.
For more information, or to schedule a free and confidential consultation, call 718-875-7584 or visit us online today!