LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #26

My husband and I are New York City residents. We have decided to separate then divorce as soon as we have met the one-year legal requirement. Between us, we have already reached agreement on custody of our nine-year-old son, child support, and the distribution of our belongings (contents of our home). We have no significant assets to divide. We would like to pursue a mediated divorce but are concerned about the cost. This is the only thing holding us back at this point. At present, we would be unable to afford even standard adversarial legal services. 

Many legal requirements are necessary to get a divorce in the State of New York. You need to consult with an attorney-mediator who is experienced and trained in divorce mediation and who is familiar with the specific legal requirements in New York. Numerous issues must be addressed before the court will approve a divorce, some of which you may think you have decided but, in fact, still must consider. I see no discussion up child support, spousal maintenance, or division of marital property. There are statutory requirements regarding child support in the State of New York.
To the extent you have decided together on some issues, the mediation process may be speeded up, saving you money. You should engage a professional attorney-mediator to be sure that what you are deciding is per the statutory requirements.

Leonard M. Weiner, Esq./Divorce Solutions

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