If your husband has his own attorney and you don’t, he could use this power imbalance against you and avoid negotiations altogether. Hiring your own legal representation is the only way to level the playing field and protect your legal rights.
Seek an attorney with expertise in handling issues relevant to your specific situation, such as custody disputes or asset division. Attorneys who have served on bar association family-law committees can be particularly valuable resources.
Finding a Lawyer
Finding an attorney experienced in family and divorce law to represent your divorce case is key. Seek advice from family and friends before making your selection; look for ones with significant experience in this area of practice.
As part of your initial consultation, provide potential lawyers with an overview of your case details and ask any pertinent questions. Pay attention to how well they communicate and empathetic they are. Inquire as to if their fees are hourly-rate or flat fees. Also inquire as to when you should expect updates regarding the status of your case.
Some counties in New York provide free or low-cost legal aid programs to assist those dealing with family law matters, so check your local courts’ websites for more information. Some attorneys also offer free initial consultations; take advantage of any such offer and use that opportunity to interview potential candidates for representation.
Filing for Divorce
Step one is filing what’s known as a Summons and Complaint (or Divorce Petition in some counties) with the Supreme Court in your area or where your spouse resides, providing basic details about them, any children they share and your motivations for seeking divorce.
Once your complaint has been filed, it must be delivered to your spouse (also known as the defendant). This must take place within 120 days from filing, typically by having someone 18 or over unrelated to either party hand over the paperwork in person to your partner.
If your spouse can’t be found, alternative service methods include publishing a legal notice in the local newspaper where they reside (be sure to get proof), sending certified mail with return receipt, or hiring a lawyer who will handle these things for you.
Serving Your Spouse
Once your divorce petition (also referred to as “Summons and Complaint”) has been filed, the next step is serving it on your spouse. Either ask someone over 18 to personally deliver it or hire a process server – there are various methods of doing this which you may choose from.
Professional process servers are specifically trained individuals who deliver legal documents. They might enter your spouse’s place of business disguised as a customer, or approach them in public spaces and ask, “Are you [spouse’s name]?” Once verified, the server will give your spouse their divorce papers before filling out and filing the required proof-of-service form with the court handling your case.
If you can’t locate your spouse, the court may approve alternative service methods like publication. Because regulations for this vary by county, it is wise to speak to an attorney regarding what options may be available in your particular situation.
Filing Documents in Court
Divorce can be a complicated process even when both partners agree on all issues, so hiring a lawyer may be necessary if there are disagreements regarding custody, child support or property division. A fee waiver could help cover expenses while having legal advice at your side can ensure all forms are completed accurately.
Filing for divorce requires filing either a Summons with Notice or Verified Complaint with your county clerk’s office. Once done, purchase an index number and pay an appropriate filing fee – these costs vary by county; visit New York Courts website for more details on filing procedures. Once filed, have someone over 18 who is not part of your case deliver your papers directly to your spouse in New York – serving must occur within 40 days if your spouse disagrees with any aspect of it; your server must also reside there and also meet New York residency criteria in order to serve papers to them – more info can be found there as well.