Divorce can be emotionally and legally draining. Therefore, having legal guidance available is crucial when going through this process.
As part of your search for an attorney to represent you in your divorce-related issues, find someone with experience who works well with you and offers free case evaluation or consultations. Most lawyers offer this option.
Gathering Documents
One of the first steps you should take before filing for divorce is collecting all of the documents that will be necessary. These may include copies of your marriage certificate and financial data such as pay stubs and tax returns from recent months, log-in information for joint bank accounts (including those just bearing your name) log-in credentials for any joint accounts with just your name on it, documentation of any debts owed and statements from pension and 401(k) plans as well as anything worth money stored in security deposit boxes.
Gathering all of the documents needed can be time-consuming and cumbersome, so it is wise to complete them as soon as possible. The person seeking a divorce (plaintiff) must file a summons with notice either in-person at a courthouse or online using automated form interview with efile. A fee must be paid when filing; however, in cases of extreme financial hardship this fee may be waived by courts. Obtaining appropriate forms from your county clerk’s office is key if filing.
Choosing a Lawyer
Divorcing involves many tasks and decisions; you should ensure all necessary paperwork is submitted on time and accurately. Select an attorney with whom you feel at ease as this individual may spend a considerable amount of time in meetings and phone conversations throughout your case; if an initial meeting with one causes discomfort, trust your gut instinct and find another option.
Ask for recommendations from friends, family and colleagues before conducting your own research. Focus on finding an attorney with an impressive educational background and history of successfully handling divorce cases who is also compatible with your personality and whose fee structure matches up well – they could charge either hourly rates or have fixed rates that apply.
Filing for Divorce
As soon as you are ready to file for divorce, it is crucial that all legal and financial documentation has been gathered – this may include financial statements, property records and debt information. You also must meet residency requirements as well as having valid reasons for the separation, such as:
Once your papers have been filed with the court, you will need to serve them to your spouse (the defendant). This can be accomplished either directly by having someone aged 18 or over serve them directly or through certified mail with proof of delivery.
Once served with the divorce petition, they will have an opportunity to respond and express their opinion. If there are any contentious issues related to custody, support or property division that need settling during this process then discovery must take place first before negotiations take place and eventually a judge issues a final decree of divorce.
Going to Court
At times, going to court may be necessary in order to resolve issues related to custody, child support, spousal support and property division. Without legal help it may be challenging to settle these matters on your own; having legal advice at your side could help determine how much alimony or support should be awarded from either spouse.
An attorney can also be invaluable in helping avoid mistakes during a divorce case, especially those related to child custody, visitation and support arrangements. Mistakes can prove costly.
Filing documents with the court can be complex and time-consuming, and completing them correctly can be challenging. Some forms require you to sign an affidavit stating the information is true and accurate, while in New York state it is necessary for these papers to be personally served on both parties (known as defendants) either directly by handing them over yourself or having someone over age 18 deliver them directly to them.
