Divorce Q&A
By Jonathan E. Kroll & Associates
Sep. 10, 2010 8:15p
Frequently Asked Questions – New York Divorce
If you are considering or have already filed for divorce, you most likely have numerous questions to be answered. Following are a few answers to your frequently asked questions about divorce in New York.
Am I required to hire an attorney when I file for divorce?
No. You are not required to have legal counsel when you file for divorce. However, it is highly recommended that you work with a divorce attorney as these are legal proceedings and therefore have the potential to be highly complex. They are also issues that may have a significant financial and emotional impact on you, your spouse and your children. Having an attorney to properly represent your interests can help you seek the outcome you are hoping for.
What are some of the issues that I may need to resolve?
To complete a divorce action, the following issues will need to be decided upon by you and your spouse or ruled upon by the court: child support, visitation, child custody, property division and spousal support.
What are the factors involved to qualify for divorce in New York?
To qualify to file for divorce in New York, you and/or your spouse must have been a resident of the state for at least 2 years, or if you and your spouse were married in New York you and/or your spouse must have resided in the state for at least 1 year. If the grounds for divorce occurred in New York and you and your spouse are residents at the time of your filing, you may also file for divorce.
How long will it take?
A simple, uncontested divorce may be completed in 30 days. A contested divorce, however, may take anywhere from 1 to 3 years.
How much will it cost?
The cost of a divorce will vary greatly depending on whether you and your spouse are able to reach your own agreements about custody, support and property division. In an uncontested divorce, you may spend anywhere from $250 to $2,500. A contested divorce in court may cost thousands upon thousands of dollars, depending on the unique situation and your attorney’s particular fees.
Are divorce proceedings public?
No. The Court recognizes that these issues are personal in nature. Therefore, the details of a case will not be released by the clerk of the court or court reporter to anyone other than the parties involved and their legal counsel, except by court order.
If you’re interested in getting more answers to your questions, contact a New York Divorce Lawyer at Jonathan E. Kroll & Associates, PLLC today!