Do I Need to Pay Both Lawyers in Uncontested Divorce?

In most uncontested divorce cases in New York, you typically only need one lawyer, and therefore only pay for one lawyer’s services. This is one of the key cost advantages of choosing an uncontested divorce over a contested proceeding. However, understanding the nuances of legal representation in uncontested cases helps ensure you make informed decisions about your divorce process.

The One-Lawyer Model in Uncontested Divorce

For example, In New York uncontested divorces, the most common approach involves one attorney who prepares all the necessary paperwork and guides the process through to completion. This attorney technically represents only one spouse (the plaintiff), while the other spouse (the defendant) proceeds without formal legal representation. This arrangement works because both parties have already agreed on all terms of their divorce.

For example, The representing attorney’s role includes:

• Drafting the divorce agreement and all court documents
• Filing papers with the appropriate New York court
• Ensuring compliance with state divorce requirements
• Handling communication with the court clerk
• Obtaining the final judgment of divorce

Who Pays for the Lawyer?

On the other hand, Payment arrangements for the single lawyer in an uncontested divorce can vary based on your agreement with your spouse. Common scenarios include:

Split Payment

Therefore, Many couples choose to split the attorney’s fees equally, recognizing that both benefit from the efficient resolution of their marriage. This approach typically costs each spouse between $750 to $1,500 for a straightforward uncontested divorce in New York.

One Spouse Pays

As a result, Sometimes, one spouse agrees to cover all legal fees as part of the overall divorce settlement. This might occur when there’s a significant income disparity or as part of negotiated terms regarding asset division.

When a Second Lawyer Might Be Helpful

While not required, there are situations where the non-represented spouse might benefit from independent legal consultation:

• Complex asset division: When dealing with retirement accounts, businesses, or multiple properties
• Significant wealth disparity: If one spouse has substantially more assets or earning power
• Uncertainty about agreements: When you’re unsure if the proposed terms are fair
• Long-term implications: For decisions affecting future support or pension rights

In these cases, you might pay for a consultation or document review without hiring a second attorney for the entire process. This limited representation typically costs $300-$750 for a review session.

Cost Comparison: One Lawyer vs. Two

Understanding the financial implications helps in decision-making:

Ethical Considerations and Protections

New York attorneys handling uncontested divorces must clearly explain that they can only represent one party. The non-represented spouse should understand:

• The attorney cannot provide them with legal advice
• They have the right to seek independent counsel
• They’re agreeing to terms without formal legal representation
• The attorney’s duty is to their client, not both parties

Reputable attorneys will have the non-represented spouse sign an acknowledgment confirming they understand these limitations and are proceeding voluntarily.

Making the Right Choice for Your Situation

For most straightforward uncontested divorces in New York, paying for one lawyer is sufficient and cost-effective. This approach works well when:

• Both parties truly agree on all terms
• Assets and debts are relatively simple
• There’s mutual trust and transparency
• Both understand the agreement’s implications

Consider independent legal advice if you have any doubts about the fairness of your agreement or need clarification on specific terms. The modest additional cost of a consultation can provide valuable peace of mind and protect your long-term interests.

Remember, the goal of uncontested divorce is to minimize both conflict and cost while achieving a fair resolution. Whether you choose one lawyer or decide on independent representation, ensure you fully understand and agree with all terms before signing any documents. For more detailed information about the uncontested divorce process, visit our Complete Guide to Uncontested Divorce in New York.

Frequently Asked Questions