How to Select a New York Divorce Lawyer
Divorce can get ugly. It's nice to have someone there to guide you along the way. But that lawyer is not your friend. He is not your enemy, either. But when selecting a New York divorce lawyer, it is wise to follow some specific guidelines to get what you need.
To decide whether you even need a lawyer, consider whether you can resolve all issues with your spouse without the help or intervention of a New York lawyer or law firm. Of course, it is much cheaper to do it that way, which is why most people in New York and elsewhere get their divorces in an uncontested fashion without hiring a lawyer.
Example: If you have one child where there are no particular parenting disagreements and only $10,000 in assets between both spouses, consider what a New York divorce lawyer would even do for you. There is little or nothing to argue over in such a case. On the other hand, if you have major disagreements about how to raise that one child, a divorce attorney may be helpful in ironing out child custody and child support issues.
Ultimately, you have to decide for yourself whether you need a lawyer for your divorce. Just keep in mind that lawyers generally charge by the hour. If you truly feel you are protecting your child, then of course the amount of legal fees drops in importance.
But if you are simply arguing to try to get more money or marital property, then think about what you might get and compare it to the fees that you may have to pay to get it. In some cases, you may even end up losing money by getting a NY divorce attorney.
Now, let's assume you have decided that you need a lawyer. Make sure you get a licensed attorney. This is not such a problem in the legal profession compared to construction or some other field. Just remember that a lawyer needs to be licensed to represent clients.
Although no license is needed to specialize in New York family law, it is helpful to find someone who focuses on family law and New York divorce laws. In other words, when you start talking to a lawyer, specifically ask about personal experience.
Generally speaking, you want to get a NY divorce lawyer with experience in the county family courts where you will be filing the case or responding to a divorce notice. This is because, in addition to knowledge of New York law, a divorce attorney should know the ins and outs of the local court system and the judges who hear cases there. This makes it easier to get things done without the delays sometimes caused by hiring a divorce lawyer from a different area.
You can use the links in the Resources below to find New York divorce lawyers. FindLaw has an online database. Choose your city or county to get a list of local lawyers that list themselves as divorce attorneys. In most counties and some cities, there is also a bar association that can refer you to local lawyers. For example, you can visit the New York City Bar Association online at the link below if you need a NYC divorce lawyer. Look online for your area's bar association or ask any NYS attorney in your area.
The legal costs of divorce can literally skyrocket if you do not have a clear agreement with an attorney that you hire. Make sure your lawyer or law firm knows exactly how much you can afford to spend and tell him or her not to bill you for any amount over that maximum figure.
Before hiring a New York divorce lawyer, the last thing you need to do is get assurances that your lawyer is comfortable doing whatever it is (as long as it is legal) you want to accomplish. Some lawyers specialize in certain things only, such as child custody, and may not be the best fit for what you need in a divorce.
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