I was recently afforded the opportunity and privilege to speak on attorney Audrey Thomas’s radio show, The Empowerment Hour, which airs every Wednesday night at 11 p.m. est. on 93.5...
In 2010, New York State became a “no-fault” divorce state meaning that neither spouse is required to prove fault and instead need only demonstrate that the marriage has been irretrievably broken for the past six (6) months. Since then, New York has witnessed a rise in the number of Uncontested Divorce filings made without legal representation. This is extremely economical, but there are several concerns that spouses should be made aware of.
First, if one spouse is filing and hasn’t discussed the divorce with the other spouse, there is a chance that the divorce may later be contested. Second, without the assistance of an attorney, spouses deprive themselves of professional legal advice in terms of equitable distribution, child-support, child-custody, spousal-support, and tax consequences. Third, after a final Judgment of Divorce has been rendered, modification will require going back into court and not all terms can or will be modified, which is why it is important for spouses to know their rights before filing.
That’s where hiring a limited-scope attorney may help. If spouses are looking to remain economical but think it would be to their benefit to seek out the guidance of an attorney, they might want to consider hiring one for limited purposes. A limited-scope attorney is an attorney that offers unbundled legal services and assists clients during their divorce either to prepare legal documents for them, review legal documents that they have prepared, or simply provide a consultation to help clients develop a legal strategy based on their current situation. The #1 benefit of hiring a limited-scope attorney is clients are afforded the assistance of an attorney at a cheaper cost than hiring one for the full-scope of representation.
The above information has been provided for informational purposes only and shall not constitute as formal legal advice, nor the creation of an attorney/client relationship.