If you’re searching for a divorce attorney in Staten Island, New York, chances are you’re going through a difficult time and looking for clear answers. One of the biggest questions people ask during the divorce process is:
Do both spouses need their own divorce lawyer?
This article will guide you through what New York law says, what your options are, and how to protect your rights—whether you’re filing for an uncontested divorce, a contested divorce, or simply exploring the next steps.
Can One Lawyer Represent Both Spouses in a Divorce in New York?
Short answer: No, they can’t.
Under New York’s ethical rules, divorce attorneys are not allowed to represent both spouses in a divorce. It creates a conflict of interest—because an attorney must be loyal to one client only. Even if both spouses think they agree on everything, legal representation cannot be shared.
That means each spouse should hire their own divorce lawyer—even if the split is peaceful.
Why? Because one spouse’s interest may differ from the others when it comes to things like:
- Marital property
- Division of property
- Child custody
- Spousal support
- Legal custody vs. physical custody
Trying to share one attorney is not just risky—it’s not legally allowed.
Mediation: A Neutral Alternative to Legal Representation
If you’re on good terms and want to avoid the stress of court, mediation might be a good option.
So, what is mediation?
- A mediator is a neutral third party (sometimes a lawyer) who helps both spouses come to an agreement.
- They don’t take sides or offer legal advice.
- They can help you draft a fair settlement—but they are not a replacement for legal representation.
Even if you use a mediator, it’s highly recommended that each spouse gets a family law attorney to review the agreement before signing. This ensures:
- Your rights are protected.
- The agreement is fair.
- The court won’t reject your divorce papers later.
When Do You Need a Divorce Lawyer in Staten Island?
1. Uncontested Divorce
An uncontested divorce is when both spouses agree on:
- Child custody and visitation
- Division of property
- Spousal maintenance
- Filing divorce papers
In these cases, divorce may seem straightforward, but you’ll still benefit from having a divorce attorney:
- To ensure your rights are protected
- To help avoid costly mistakes
- To make sure all forms are filed correctly
Many divorce lawyers offer initial consultations or flat-fee options for uncontested divorces.
2. Contested Divorce
A contested divorce happens when spouses disagree about one or more issues:
- Who gets legal custody of the kids
- How to split marital property
- Who stays in the house
- Whether there’s been domestic violence
- Who pays support
In these cases, you need your own legal counsel—no question. Your spouse’s attorney will be working for them, not you. Having your own lawyer ensures you are treated fairly during divorce litigation.
How the Divorce Process Works in Staten Island
In Staten Island, divorces are handled by the Supreme Court of Richmond County. Here’s a quick overview of the steps:
✅ Residency Requirements
Before filing, at least one spouse must meet New York’s residency rules, such as:
- Living in NY for at least 1 year before filing
✅ Choose Grounds for Divorce
In New York, you can file for:
- No-fault divorces – “Irretrievable breakdown” of the marriage for 6+ months
- Fault-based divorces – Like adultery, abandonment, or domestic violence
Most couples today choose no-fault divorces, because they’re simpler and less emotionally charged.
✅ Filing Divorce Papers
Once you file your divorce papers, the other spouse is served. If they don’t contest it, the divorce can move forward smoothly.
If they do contest it—on issues like child custody disputes or property division—you’ll need a family law attorney to guide you through divorce litigation.
Why Having Your Own Lawyer Matters
Even if your spouse says, “We don’t need two lawyers,” it’s best to have your own legal counsel. Why?
Because you might not be aware of:
- Hidden debts or property
- Your full rights under New York’s family law
- How agreements affect future custody or money
Having your own divorce lawyer means:
- You get personalized advice
- You’re protected during negotiation
- You avoid being pressured into an unfair deal
Worried About Cost? Here Are Affordable Options
Hiring separate divorce attorneys might sound expensive—but there are ways to make it more manageable.
💡 Cost-Saving Options:
- Flat-fee packages for uncontested divorce
- Limited-scope representation (pay a lawyer only for parts of the case)
- Free initial consultations
- Legal aid programs if you qualify based on income
Spending a little now on a lawyer can save you from big mistakes later.
✅ Peace of Mind Is Worth It
You deserve to feel safe, informed, and protected—especially during a life-changing event like divorce. In Staten Island, New York, each spouse should have their own family law attorney. Whether you’re facing a contested divorce, worried about child custody, or navigating the division of property, your own lawyer will help you make smart decisions.
The court system can be complicated. But you don’t have to go through it alone.
Staten Island Divorce Attorney – Soren Law Group
If you’re facing a separation, custody dispute, or other family law issue, trust the divorce attorney team at Soren Law Group to guide you through every step. Located in Staten Island, New York, we provide personalized legal support for both uncontested and contested divorce proceedings. Whether you need help filing divorce documents, understanding equitable distribution, or protecting your parental rights, our attorneys offer clear answers and skilled representation. We know this is a difficult time—let us make it easier.
Call us today at (718) 815-4500 or fill out our confidential contact form to schedule your initial consultation. Get trusted legal support from an experienced divorce attorney who puts your future first. We proudly serve Staten Island and surrounding communities.
Frequently Asked Questions
Can we use the same lawyer if our divorce is uncontested?
Even in an amicable divorce, you cannot use the same Staten Island Divorce Attorney for both spouses. According to New York divorce laws, this creates a conflict of interest. An experienced attorney is obligated to represent only one party in any divorce action. Even if both parties agree on all terms, like parenting issues or equitable distribution of assets, legal ethics still require separate representation.
Here’s why:
- A family lawyers job is to protect their client’s interests.
- During divorce proceedings, unexpected legal issues may come up.
- Sharing an attorney could invalidate certain agreements or raise concerns in family courts.
You can still proceed with a simple divorce action, but each side should get separate legal advice to avoid future complications.
What if we agree on everything—do we still need two lawyers?
Yes, even if you agree on every part of the divorce proceedings, both spouses should hire separate legal help. A confidential consultation with a Staten Island Divorce Attorney ensures you fully understand your rights. One spouse’s agreement could unintentionally overlook financial or family legal matters, such as debts, hidden financial documents, or future parenting issues.
Here’s what an experienced divorce attorney can help you with:
- Reviewing the proposed divorce documents
- Checking for fairness in equitable distribution
- Advising on long-term consequences of the agreement
It’s important to remember that once a judgment of divorce is issued, it’s legally binding. Having your own legal advocate, even in an amicable divorce, protects you from future disputes—especially with complex or emotional family law issue.
Is mediation cheaper than hiring two lawyers?
Yes, mediation is often more affordable than each spouse hiring an experienced attorney, especially in a cooperative split. A neutral third-party mediator helps resolve legal issues without taking sides. However, mediators don’t provide individual legal advice. After reaching a draft agreement, each spouse should still consult with a Staten Island Divorce Attorney to review the terms.
Benefits of mediation:
- Lower total cost than litigation
- Faster resolution
- Keeps control in your hands instead of a judge
Limitations:
- Doesn’t replace legal advice
- May not resolve all complex issues
- Requires both parties to participate in good faith
So yes, mediation can help save on filing fee and other costs, but it’s still wise to seek a brief review from a family lawyers office before finalizing.
Do I have to go to court for an uncontested divorce in Staten Island?
Not usually. In Staten Island, many uncontested divorce cases don’t require a court appearance if all divorce documents are correctly filed and both spouses agree on every detail. The filing spouse must submit proper paperwork, including the divorce summons, along with any required financial documents.
The court reviews the case for:
- Fair equitable distribution of assets
- Clear agreements on parenting issues
- Proper handling of legal issues
If everything checks out, the judge will issue a judgment of divorce without a hearing. However, if something is missing, unclear, or contested, a court visit might be required. To avoid delays, many people work with an experienced divorce attorney to ensure the process is handled correctly.
What if my spouse says I don’t need a lawyer?
Even if your spouse tells you not to hire legal help, it’s critical to consult a Staten Island Divorce Attorney—especially before signing anything. You might trust your spouse, but during divorce proceedings, even small mistakes can lead to big problems later.
Here’s why you still need your own experienced attorney:
- To understand your rights in equitable distribution
- To review all divorce documents and protect against unfair terms
- To advise you on complex issues like parenting issues, property, or retirement accounts
A confidential consultation allows you to speak freely and understand the legal impact of the agreement. Family lawyers can identify concerns that may not be obvious at first, helping you make informed decisions that protect your future.
What court handles divorces in Staten Island?
All divorce proceedings in Staten Island are handled by the Supreme Court of Richmond County. This is the only court with jurisdiction over divorce action cases, including uncontested divorce and contested matters involving family law issues like parenting issues, property division, or alimony.
Important things to know:
- The court is separate from the family courts, which handle support and custody if there’s no divorce.
- You must pay a filing fee when submitting your divorce summons and related paperwork.
- The court will issue the judgment of divorce once the case is finalized.
If you’re unsure about where to start or what to file, contacting a Staten Island Divorce Attorney for guidance ensures your case is properly filed and avoids unnecessary delays or rejections.
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