Divorce is often a stressful and emotional process, but the legal side can sometimes add even more pressure, especially when it comes to navigating costs. Many people considering divorce in New York ask themselves, “Can I represent myself?” The short answer is yes, you can represent yourself, but it's important to understand the advantages, disadvantages, and steps involved in doing so.

What is a Pro Se Divorce?

In legal terms, representing yourself in a divorce without the assistance of a lawyer is called a Judgment of Divorce New York law allows individuals to file and complete a divorce on their own, especially in cases where both parties agree on key issues such as property division, child custody, and spousal support. This is typically known as an uncontested divorce.

When Can You Represent Yourself?

A pro se divorce is most feasible when both spouses are in agreement on major issues. If there’s no dispute over the division of assets, child custody, or financial support, you may be able to successfully represent yourself without encountering many legal complications.

For people with minimal assets, no children, and a relatively simple financial situation, representing oneself can be a cost-effective solution. In these cases, the legal process may involve little more than filling out the necessary paperwork and filing it with the court.

How to Represent Yourself in a New York Divorce

If you decide to represent yourself, you’ll need to follow several key steps:

Meet the Residency Requirements: At least one spouse must have lived in New York for a minimum of one to two years, depending on your circumstances.

Obtain the Required Forms: The New York State Unified Court System provides free divorce forms on their website. 

File the Forms: Once the forms are completed, you’ll need to file them with the county clerk and pay the filing fee (around $210)

Serve Your Spouse: You are required to serve your spouse with the divorce papers and provide proof of service to the court.

Submit a Settlement Agreement: If both parties agree on the divorce terms, you’ll need to submit a signed settlement agreement outlining child support, spousal support, and property division.

Obtain the Judgment of Divorce: Once all forms are filed and approved by a judge, the court will issue a Judgment of Divorce, finalizing the process.

When to Avoid Representing Yourself

While a pro se divorce might save you legal fees, it may not be the best route for everyone. A contested divorce, where spouses disagree on critical issues, is much more complex and risky without professional legal representation. Matters involving child custody, high-value assets, or significant debts often require the expertise of an attorney to ensure your rights are protected and the outcome is fair.

Additionally, if you are unfamiliar with legal jargon, court procedures, or New York divorce law, mistakes in filing or handling the case could lead to delays, financial losses, or unfavorable court rulings.

While you can represent yourself in a New York divorce, it’s important to assess your situation carefully. If your divorce is uncontested and relatively straightforward, a pro se divorce can save time and money. However, if there are complicated issues or disagreements, seeking the advice of an attorney may be in your best interest to protect your rights and ensure a smooth legal process.