Syracuse Law Office

Myth of Instant Divorce

If you have gone through or are considering a divorce, you definitely have wondered if you could just blink and get past it. While that could never be true, You too could be free of that stress your Divorce in New York causes quicker with a well planned divorce with the right attorney. The divorce rate being what it is, there is no shame in admitting that a marriage is not right for you and moving on. The law shouldn't stand in your way of having a better life and moving on without losing your life savings. If you do not have children with your spouse that straightforward divorce can be done quickly and efficiently. Ideally if you have a prenuptial agreement that was properly drafted and signed, your divorce can be done with comparatively little effort and misery. Knowing what you sign on for always makes the final result much less stressful and costly.

Make sure you or your spouse are a resident of NYS for at least 2 years. It is best to file in a county that one of you live it, though the two year requirement doesn't apply to the county of filing.

Have the money for both the filing fees of approximately 350 and whatever the costs for retaining an attorney will be up front. Some attorneys will include the filing fees in the retainer costs but it is up to the client to fully read and understand the retainer agreement that is required to be done for all divorces in the New York. If you have questions about the retainer agreement or the bills or statements you receive it is up to you to ask them immediately as there are time limits for contesting bills or charges.

Honestly and completely reveal information to your attorney regarding all matters related to the divorce. If you do not provide truthful information to them the lawyer, who has to certify documents, could move to be relieved as your attorney in the middle of your case leaving you without help. More importantly, you are not getting the full benefit of the attorney you have spent hard earned money on. Attorneys have the duty to keep confidences of their clients and represent them zealously. That means they find out the details of the client's life or actions in an effort to best help them. You cannot expect good results of your attorney if you lie to them or leave out important details that they could be surprised about later.

Expect to wait for the court process. Even if you have no reason to think your spouse will argue against the divorce, with no fault grounds it is nearly impossible to stop a properly filed and served divorce, the process will take time. This isn't Las Vegas! Speaking of being served, you must have an address or at least a way to locate your spouse as they are entitled to notice of the divorce. Not being able to locate a home address makes it more difficult but not impossible to complete a divorce. A qualified and experienced divorce attorney can handle that situation.

Bear in mind that while attorneys attempt to set their retainers (amount due up front) to include all the fees and charges they expect to be incurred over the divorce, they are not fortune tellers. Repeatedly calling your attorney about the same issue, delays in you getting information to them or by the other spouse or the court and raise the cost. It will ultimately be your responsibility to pay the bill. Knowing what you are being charged for following your attorneys advice and being realistic about the process will help make even a contested divorce go less painfully and expensively.