During my career as an affordable family law attorney, I have pretty much only done uncontested divorces. The reason is that there is pretty much no such thing as an affordable contested divorce in the NYC area.
Some people have successfully done their own uncontested divorces without the aid of an attorney
Divorce cases typically involve a large number of issues, including child custody, child support, spousal support, and the division of property (equitable distribution). Because the Supreme Court procedures and practices are much more formal than the Family Court, there is typically a lot of paperwork required, including discovery and motion practice. In recent years, prenuptial agreements have become more popular, and while these are intended to reduce the issues that divorce courts have to resolve, sometimes there is extensive litigation about whether or not the prenuptial agreement is valid and enforceable.
The financial issues can be very complicated and complicated, and the total costs of a contested divorce, especially in Manhattan, Brooklyn, or the more well to do suburbs can be well over 50 thousand dollars, and contested divorces run up six figure legal bills for one or both spouses. Very few middle income people can afford these type of expenses, on top of the high cost of living for NYC, which, in recent years, has gone up even more.
The Supreme Court also handles cases which seek the annulment of a marriage. These cases are similar, in many ways, to divorce cases.
Because of the cost, stress, and uncertainty of contested divorce, in recent decades more and more couples are refraining from getting married in the first place. In New York, unmarried couples can use domestic partnership agreements as an alternative to marriage.
A domestic partnership is a legally recognized relationship between two people who live together and share a domestic life, but who are not married. In the state of New York, domestic partnerships are recognized both at the state level and in the city of New York. This article will discuss the history of domestic partnerships …
Domestic Partnership Agreements- NY Alternative To Marriage? Read More »
Divorce is a complex and often emotional process that can involve numerous legal and financial considerations. One of the key aspects of a divorce case in New York State is the division of marital assets and debts, which is governed by the law of equitable distribution. This guide is intended to give you, the reader, …
Equitable Distribution In New York- A Simplified Guide Read More »
The annulment of a marriage under New York State law is a legal process that declares a marriage void or voidable. This is different from divorce, which dissolves a valid marriage. When either a husband or a wife is looking to get an annulment rather than a divorce, it is usually because of religious reasons. …
Guide to Annulment In New York- By NY Lawyer Read More »
This article is designed to provide you with some basic information about prenuptial agreements, under the laws of New York State. Laws and the interpretation of laws vary between states, and both the written laws and the interpretations of these laws by NY Courts can change over time. You should always have a full consultation …
Prenuptial Agreements- Things You Must Know Read More »
In New York, for the representative year of 2018, there were a total of 70,851 divorces filed. Of those, 52% were contested and 48% were uncontested. It is estimated that over 60% of uncontested divorces are filed by lawyers, around 20 % are filed by non-lawyer paralegals, and less than 10% are filed by one …
How To Do Your Own Uncontested Divorce In New York Read More »