Do I Need a Lawyer to Get Divorced in New York?

by Ani Mason
Founder | Mason Law & Mediation

Technically, there’s no legal requirement that you be represented by a lawyer in order to get divorced. However, whether or not you should work with a lawyer is a different question.

There are always going to be areas of divorce law that you’re not aware of, or that you may misunderstand. Speaking with a lawyer can help you identify the key legal issues at play in your divorce, and understand them from a personalized, strategic perspective.

Keep in mind that there are a range of ways to “work with a lawyer,” and doing so doesn’t necessarily mean retaining a lawyer to quarterback your entire divorce case, from start to finish. You may choose to consult with someone for only a few hours, or you may decide that you want more assistance. It’s up to you.

Whatever you decide, there are a couple of benefits that working with a lawyer can bring to your divorce:

1. You don’t know what you don’t know, and what you don’t know can hurt you! For as simple and straightforward as your divorce may seem, there are always going to be areas of divorce law that you’re not aware of, or that you may misunderstand. Speaking with a lawyer can help you identify the key legal issues at play in your divorce, and understand them from a personalized, strategic perspective.

2. Even where you and your spouse see eye-to-eye on everything, you’ll want your agreements drafted as a legal contract. You need a lawyer to do that. Trying to draft your own agreement, unless you’re a matrimonial lawyer, is not a good idea. Hiring a lawyer to do the drafting work for you ensures that your divorce contract will say exactly what you intend it to say.

3. A lawyer can save you money. If it’ll take you 12 hours to figure out how to file your uncontested divorce papers on your own, that process was not cheap. It cost you the value of an hour of your time, multiplied by twelve. Not to mention time spent correcting errors for any oversights. Doing things on your own may end up being the best option for you, but it’s never free. Consider the true cost of the DIY route before taking it.

Founded in 2014, Mason Law & Mediation provides highly-skilled and holistic mediation, Collaborative Law, settlement negotiation, and legal coaching services to individuals, couples and families in New York.