Question #8: I am a 27 yr old man, who has been separated from my wife for 5 months now. My 7 yr old son spends every weekend with me. My wife and I are surely getting divorced, but I have no clue regarding how to start the divorce process. We were married in Florida, but our permanent residence is in NY. I am looking for advice on how I should begin our divorce process. How long will my divorce take to be final? My divorce is uncontested, so are lawyers and courts necessary? Is a child custody battle necessary? I would greatly appreciate any advice or information you can offer! I am desperate for info! Thank you in advance!

It appears from what you have stated that New York State would have jurisdiction over this divorce proceeding. I strongly urge you to contact me at 212-370-1660 to discuss this matter in greater length. From the information you provide, it sounds like you both would benefit from mediating the divorce instead of litigating. The length of time it takes depends on the time it takes to resolve all of the issues such as child support, child custody, spousal maintenance, division of marital assets, etc. But there is no question that the amount of time it takes will be less in mediation than in an adversarial situation such as in court. The emotional, financial and psychological cost is much less in mediation, and the entire matter remains private, and conducted in a civilized and mature passion in the privacy of the attorney-mediator’s office.
The matters are complex and require legal expertise. I would not recommend that anyone try to file a divorce without proper legal counsel. If you go the mediation route, you will be able to minimize the legal costs, and will not generally be required to make any court appearance.
With regard to child custody, the answer to your question depends on you and your spouse. It you are able to com to an understanding regarding child custody, you will be able to avoid a battle. It is part of the mediation process to discuss just such an issue and to resolve it and all of the other such issues in a fashion that best meets the needs of both parties avoiding the “battle” that you refer to an which generally results from having two adversarial attorneys attempting to outdo the other.
Leonard M. Weiner, Esq./Divorce Solutions