Divorce is one of the most challenging things a family endures, but sometimes it is necessary to move on with life. It is essential to find a New York family lawyer that will see to the needs and the finalization process of a legal marriage. The number one thing former couples are concerned about when filing a divorce is the cost. Only one is for sure, but the rest, it depends on the situation.
Every divorce is different, but the price for courts and filing fees in New York is $335. It offers an index number for the case and any other court fees which may arise. The basics to filing a divorce in New York are to file on fault or no-fault grounds, and the married couple has to have lived in New York for up to one year. Fault grounds include the following:
- Jail time for three or more years
- Inhumane treatment
- Abandonment
- Adultery
Fees Not Included in the Basic Cost for Filing for Divorce
As mentioned earlier, some fees cannot be tallied up into the basic expenses of filing for a divorce. The list is as follows.
- Attorney’s Fees
- Process Server
- Photocopies
- Mailings
- Notary Services
Attorney’s Fees
The attorney fees will cost the most and are never the same among all the additional charges. Some attorneys offer a free consultation; others do not. If a child or children are involved, and the couple is fighting over a legal custody battle, the attorney will add those charges for their services. Child support will also be a factor in the case.
Property and assets are other additional charges factored into the cost. Some couples have average belongings, while others may have countless personal property and belongings to sort through. Alimony is another issue that family lawyers may have to deal with if one of the spouses does not work or cannot work. If the couple owns a business acquired during their marriage, legal paperwork will be drawn to equally divide the business and profit and loss.
However, if all parties agree to the terms and conditions of the divorce and go about it civil, the cost will be much less, and the attorney’s job will be easier. Both parties will come up with an agreement on everything, and the lawyer will oversee the paperwork. Accordingly, everything will get filed through the courts, and the judge will sign off on the divorce, which is final. The former couples may choose for a legal separation instead of a divorce. This option is also an easier route to take.
Process Servers
Process Servers are usually police officers who hand deliver the divorce notices and paperwork. They also will give the subpoenas to any witnesses and all parties involved who need to appear in court on the date stated within the paperwork. How many people are involved and if it is an open and closed case will depend on the cost. If one party cannot be located for the Process Server to hand-deliver the paperwork, other measures will need to be taken. This, too, will cost additional money.
Photocopies and Mailings
Photocopies of paperwork cost per page. If there are multiple pages included in the filing process, the price will be higher. Sometimes the only way to reach out to people is through the mail. Stamps are not getting any cheaper, and it will cost to write each legal letter. These are other factors that can raise or lower the additional cost.
Notary Services
Almost every time, the attorney who handles the divorce cases is a Notary Public and can notarize legal documents. The cost will rise if there is multiple paperwork involved. It is mainly through legal separations where the paperwork can become a burden and require a Notary to put the seal and signature on it. If a Notary is chosen outside the attorney’s office or the attorney cannot notarize the paperwork for whatever reason, the Notary will come up with their own cost. Perhaps it may get charged by the number of papers, agreement, and time and distance if they have to travel. They make their own figures.
Other Factors That May Drive Up or Lower the Cost
Those cases of divorce and child custody that go uncontested are the cheapest ones and take less time to resolve. The divorce and all agreements can get finalized within weeks after filing in the courtrooms. Then there are the darker cases where things can get pretty ugly in the courts. These are the ones that are time-consuming and become a battle in which only a judge can deliver the final results as to what will happen in the future.
It is much more challenging when children are involved and can take more time with high asset cases included.
Prenuptial agreements also can lower the cost of a divorce case. This is where decisions were signed and agreed upon by the formerly married couples when they got married. It is almost like a will, where the written document is what the law will look into and finalizing the agreement peacefully.
Lastly, there are cases where the parties will have to revisit a case, usually six months after the divorce. The lawyer may also have to file appeals, especially in child custody cases where they fight for their client to keep the child legally. These can also be other heartbreaking situations involving neglect, alcohol, drugs, or any form of abuse. The court system may not always make the right decisions, and the attorneys will have to go the extra mile to prove the case in an appeals court. These cases are also lengthy.
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