Divorce can be a challenging and emotionally taxing process, and one common question is whether legal representation is necessary. In Buffalo, New York, a person is legally permitted to represent themselves in a divorce. However, proceeding without a lawyer can present significant risks, particularly when the case involves children, property, retirement accounts, support, debt, or disagreement between the spouses.
Divorce in Buffalo, New York
New York recognizes no-fault divorce, but it also retains several other legally recognized grounds for divorce. The no-fault ground is an “irretrievable breakdown in the relationship” for a period of at least six months. “Irreconcilable differences” is not the wording used in New York’s divorce statute.
One spouse must state under oath that the relationship has broken down irretrievably for at least six months. However, the court cannot enter the final judgment of divorce until issues involving property, debt, maintenance, child support, custody, parenting time, and applicable legal fees have been resolved by agreement or decided by the court.
Only the New York State Supreme Court can grant a divorce. A person living in Buffalo would ordinarily begin the case in the Supreme Court located in the appropriate county, commonly Erie County when the applicable venue requirements are satisfied.
Getting a Divorce Without a Lawyer
It is possible to pursue a divorce without hiring an attorney. This is commonly called proceeding “pro se,” meaning that the person represents themselves. New York provides forms for certain uncontested divorces, but self-represented parties must still follow the same substantive laws, filing rules, service requirements, and court procedures that apply in represented cases.
Residency and Grounds for Divorce
Before filing, a spouse must satisfy one of New York’s residency requirements. Depending on the circumstances, residency may be established when:
- Either spouse has lived continuously in New York for at least two years immediately before the case begins;
- Either spouse has lived continuously in New York for at least one year immediately before the case begins and the spouses were married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York; or
- Both spouses are New York residents when the case begins and the grounds for divorce occurred in New York.
The person filing must also allege a legally recognized ground for divorce. The ground most commonly used is the irretrievable breakdown of the marital relationship for at least six months.
When an Uncontested Pro Se Divorce May Be Possible
A self-represented divorce is generally more manageable when the matter is truly uncontested. An uncontested divorce may involve a signed agreement resolving finances, property, maintenance, custody, parenting time, and child support. Other uncontested circumstances, including a defendant’s default, may have different procedural requirements.
The New York Courts provide official uncontested-divorce information and forms. The correct forms depend on factors including whether the spouses are filing jointly and whether they have children under 21.
Potential Benefits of Proceeding Without a Lawyer
Lower initial legal expenses: Representing yourself may reduce or eliminate attorney fees. However, filing fees and other case-related expenses may still apply, and mistakes can create additional costs.
Direct involvement: A self-represented party maintains direct responsibility for preparing documents, communicating with the court, meeting deadlines, and making decisions. This does not necessarily mean the divorce will be completed more quickly.
Risks and Challenges
Legal knowledge: Divorce involves detailed substantive law and court procedures. A person may unknowingly waive rights or agree to terms without understanding their long-term consequences.
Incomplete or incorrect documents: Errors involving service, financial disclosure, settlement language, or required forms can delay the case or prevent entry of the divorce judgment.
Property and retirement benefits: A divorce can affect real estate, businesses, pensions, retirement accounts, investments, and debt. Rights that are not properly addressed during the divorce may be difficult or impossible to recover later.
Children and support: Agreements involving custody, parenting time, child support, and health insurance must satisfy legal requirements and remain focused on the children’s best interests.
Unequal bargaining positions: If one spouse has an attorney and the other does not, the unrepresented spouse may have difficulty recognizing legal issues, evaluating proposals, or protecting important rights.
Domestic violence or coercion: Self-representation or direct negotiation may be inappropriate when the relationship involves abuse, intimidation, hidden assets, or significant differences in financial control.
While it is possible to get a divorce without a lawyer in Buffalo, the decision should be made carefully. A straightforward uncontested divorce may be manageable without full representation, but even then, a limited consultation with an attorney may help identify problems before an agreement is signed.
For a contested or complex divorce, legal representation can be particularly valuable. This includes cases involving custody disputes, domestic violence, substantial property, business interests, retirement benefits, maintenance, hidden assets, or uncertainty about a spouse’s finances.
How Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. Can Help
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., our divorce and family-law attorneys assist clients with contested and uncontested divorces in Buffalo and throughout Western New York.
Legal advice: We can explain the laws applicable to your circumstances and help you understand your rights, responsibilities, and available options.
Negotiation: Divorce may involve child custody, property division, maintenance, and child support. We can assist in evaluating proposals and negotiating terms intended to protect your interests.
Court representation: When issues cannot be resolved through negotiation, we can present evidence and advocate for you in court.
Property and debt division: We assist with identifying and addressing marital and separate property, including real estate, retirement accounts, business interests, and debts, under New York’s equitable-distribution rules.
Child custody and support: We represent parents in child custody, parenting-time, and child-support matters.
Spousal maintenance: We help clients evaluate potential spousal-maintenance issues, including applicable statutory guidelines and other factors considered under New York law.
Mediation and alternative dispute resolution: When appropriate, mediation or another form of alternative dispute resolution may help the spouses resolve issues without a trial. These options are not suitable for every relationship or case.
Post-divorce matters: We also assist with enforcement and requests to modify eligible custody, parenting-time, maintenance, or support orders when the applicable legal requirements are satisfied.
If you are considering representing yourself, an attorney can review your circumstances and help you understand which rights may be affected before you sign an agreement or file your papers. Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. to discuss your divorce and the level of legal assistance appropriate for your situation.