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FAQ's about Commencing a Divorce
Do I need to hire an attorney?
It is not mandatory that you hire an attorney and you may represent yourself. However, given the complexity of the issues, it may be beneficial to employ the services of a professional who is knowledgeable with the law and experienced in the field.
An action for divorce is commenced by the personal service of a summons upon your spouse. Sometimes, the summons is accompanied by the complaint which sets forth the grounds for the divorce.
Can I receive child support or maintenance before I am divorced?
Yes. You can make a motion requesting that the Court grant you temporary maintenance and/or child support. If ordered to pay, your spouse will be required to you these sums during the action for divorce.
I cannot afford a lawyer. What can I do?
In addition to ordering your spouse to pay you maintenance or child support during the divorce, the court could require your spouse to pay your attorney and any experts you may need to hire.
About the Author:
The Law Offices of Daniel E. Clement is a full service law firm, conveniently located in the Empire State Building. The firm is able to service a wide variety of legal needs including Family Law, Trusts and Estates, Commercial and Real Estate Law.