Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #32:
THERE ARE MANY MEDIATORS IN MY AREA. A DIVORCE IS AGREED UPON AND BOTH PARTNERS ARE NON-COMBATANT. THERE IS A SMALL HOUSE THAT IS JOINTLY OWNED AND A SUM OF 10,000 IS OWED TO A SON (WE USED HIS INHEIRTANCE FOR THE DOWN PAYMENT} WE BOTH AGREE TO SELL OFF THE HOUSE. THERE IS SUFFICIENT EQUITY IN THE HOUSE TO COVER WHAT IS OWED AND THEN A LITTLE LEFT OVER. DO I NEED A PARALEGAL FOR THIS PROBLEM ?
Answer:
In order to properly answer your question I must know in which state you were married, are presently living, your spouse is living, and if there are any children or other marital assets besides the house, and where are they located.In any case, you need a qualified attorney who is familiar with the marital laws in your jurisdiction who can advise you regarding the proper procedure to follow to file your divorce. There are many issues involved, some having statutory requirements, such as child support, custody, spousal maintenance etc, which generally are scrutinized by the court and which an experienced attorney can advise you with. If in fact all of the substantial issues have been resolved by you and your spouse, it should be relatively easy and inexpensive for the attorney to prepare the separation agreement that you will need and to file the divorce papers. Find an attorney- mediator in your area with experience in divorce mediation to assist you in this matter. Do not rely on a paralegal who is not licensed to advise clients on any matters, certainly not on divorce matters which can be technical and which have immense ramifications on the future lives of both spouses and the children, if any.

Leonard M. Weiner, Esq./Divorce Solutions

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