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LawyerRon · 03-06-2001, 12:22 PM

Hal,
That works great if there's no kids involved. If there's kids, you MUST go before a Judge to have the court determine custody, support, visitation, etc. The court has an affirmative duty to look after the "best interests of the child". However, this does not mean you need to get Lawyers involved. In fact you may be better off if you don't. In most cases, if the other spouse is cooperative and not hostile, you can do the divorce yourself with the so-called "divorce kits". You will still need to go before a Judge though.

Caveat: This is a family law issue and family law is a creature of "State Law", so I can't comment on the "specific" laws in NY, but, the statements above are generally correct in most every state.

03-06-2001, 12:22 PM	#3
LawyerRon The Gavel Join Date: Dec 1999 Location: Upland, CA Posts: 6,311	Hal, That works great if there's no kids involved. If there's kids, you MUST go before a Judge to have the court determine custody, support, visitation, etc. The court has an affirmative duty to look after the "best interests of the child". However, this does not mean you need to get Lawyers involved. In fact you may be better off if you don't. In most cases, if the other spouse is cooperative and not hostile, you can do the divorce yourself with the so-called "divorce kits". You will still need to go before a Judge though. Caveat: This is a family law issue and family law is a creature of "State Law", so I can't comment on the "specific" laws in NY, but, the statements above are generally correct in most every state. __________________ "To speak ill of others is a dishonest way of praising ourselves"