Find the Best Divorce Lawyers in Buffalo, NY

Getting a divorce in Buffalo

There are 2.7 divorces per 1,000 residents in New York each year, which is slightly lower than the national rate. Nevertheless, there are plenty of highly recommended attorneys to choose from in the Buffalo area.

Choosing legal representation can be difficult, particularly for divorce. Consider everything from affordability to your compatibility with the lawyer’s personality or litigation style. Depending on the unique nature of your divorce, you’ll need a lawyer who specializes in the services you need.

No-fault divorce vs. at-fault divorce in Buffalo

New York is a no-fault divorce state, which means a person can file for divorce by stating a marriage has been irretrievably broken for at least six months. Even under a no-fault divorce, the court won’t grant a divorce until the couple agrees or a court rules on all issues involving child support and custody, property division and alimony.

New York also allows for at-fault divorces, which a person might use to gain an advantage during settlement proceedings or trial. The recognized grounds for an at-fault divorce in Buffalo include:

• Abandonment for one year or more
• Cruel and inhuman treatment
• Adultery
• Imprisonment for three or more years after marriage

Types of divorce proceedings in Buffalo

Whether you’re filing for a no-fault or at-fault divorce, it’s necessary to decide the settlement terms. The method you expect to use influences your choice of divorce lawyer — many attorneys specialize in different methods of finalizing a divorce. Common divorce settlement methods include:

• Uncontested divorce: In an uncontested divorce, the divorcing parties agree on all issues. This is the cheapest and quickest way to settle a divorce.
• Mediation: During mediation, a neutral third party works with the couple to reach an agreement on divorce terms. A mediator does not make decisions but facilitates communication and proposes compromises on disputed issues.
• Collaborative divorce: In a collaborative divorce, each of the divorcing parties hires an attorney trained in collaborative law and signs an agreement to settle the divorce in good faith without going to court. If one party decides to terminate the collaborative divorce and take the case before a judge, the attorneys on both sides must resign from the case.
• Litigated divorce: If the couple cannot reach an agreement on disputed terms, the case goes before a family law judge who listens to the merits on each side and makes a final ruling on issues such as property division, child custody and spousal support. This is the most expensive and acrimonious way to finalize a divorce.

How much does a divorce lawyer cost in Buffalo?

Divorce attorneys in Buffalo charge an average hourly rate of $325, though that amount varies based on the lawyer’s experience and may exceed $600 per hour. The total cost of your divorce depends on many factors, including how contentious it is and whether you go to court. The average cost is around $17,500, with more than $13,000 of that figure coming from attorneys’ fees.

More complex divorces tend to cost more. Factors that increase the cost of your divorce include:

• Child custody issues
• Owning multiple properties
• Dividing high-value assets
• Filing for an at-fault divorce

Most attorneys ask for a retainer, which is a lump sum amount from which they draw fees during the divorce. The amount of the retainer may be based on how complex the lawyer expects the divorce to be. Some divorce attorneys may charge a flat fee for specific services, such as reviewing documents in an uncontested divorce.

You may choose to represent yourself in the New York courts. Keep in mind that this requires you to complete hundreds of tasks, from filing motions to negotiating, interpreting the law and gathering witnesses or evidence.

How to choose a divorce lawyer in Buffalo

Depending on the issues in your divorce, you might choose a lawyer with special training to handle your case. If child custody or support issues are involved, you need to work with a family law attorney who has experience with those issues. If you’re hoping to stay out of court, choose a lawyer with mediation skills. Find a lawyer who has experience working with cases like yours.

Most divorce attorneys offer a free consultation. Schedule a few of these to determine which attorney would be the best choice for you. Some questions you should consider asking during your consultation include:

• How much experience do you have with divorce cases in Buffalo?
• How will we communicate during my case?
• What strategy would you take for my case?
• Are there any other costs or fees I should expect (such as court filing fees)?
• What is your fee structure?

You can also ask specific questions about your case, such as how much you should communicate with your ex-partner or how marital assets might be divided. Many of these questions are answered after you’ve chosen your attorney and they are more familiar with your case, however.

Be sure to use your consultation time to see if you and the attorney are personally compatible. Divorce cases involve discussing personal matters, and it’s essential you’re comfortable with your divorce lawyer. Choosing an attorney with a communication style and outlook that matches yours makes the divorce process easier and increases the likelihood of achieving a positive outcome.