Do It Yourself Divorce
YOU may be in a position to forgo lawyers and handle your divorce on your own, saving you time and money if you are able to work with your spouse. If you meet the following criteria, you may want to file your own divorce papers.
• Both parties mutually agree that it is best to divorce
• There are no minor children involved
• There is little or no community property or debt, and both parties agree on how to divide it
• There are no retirement or pension plans, investments, or stock options involved
• Neither party is in active military service
• You are capable of supporting yourself
• Your spouse has not already retained a lawyer or filed any papers or judgments
• There is no impending bankruptcy
• There is no history of abuse or intimidation
Though it will save money, understand that this process will involve more time than hiring an attorney. Representing yourself requires working directly with the county clerk and local judges, so it is probably a good idea to see how they feel about handling your own divorce.
If they are disagreeable, it may be in your interest to hire an attorney. If you still decide to move forward, you should be find an attorney to review and file all the paperwork that you have prepared. Below is a partial list of the required paperwork that you will need for a do it yourself divorce.
Each state has it’s own document requirements, so you should check your state's requirements here.
Basic Forms Needed For Do It Yourself Divorce:
1. Petition for Divorce - gives the court jurisdiction over your divorce
2. Financial Affidavit - places your financial agreements before the court
3. Notice of Hearing - sets a date for the judge to hear your case
4. Answer and Affidavit - allows your spouse to be absent at the hearing as long as they acknowledges the validity of the do it yourself divorce
5. Certificate of Corroborating Witness - establishes residency requirements for your state
6. Settlement Agreement - determines the conditions of the divorce
7. Divorce Judgment or Decree - finalize your divorce
Do it yourself divorce simplifies the process and reduces animosity between spouses. If you think a do it yourself divorce would be best for you, the family court clerk in your jurisdiction should be able to supply you with a list of required forms.
You can then get state specific forms here. Once you have all the forms, take your time filling them out carefully. If you run into any trouble, you may want to find a lawyer to look over your forms and offer suggestions for an hourly fee.
You might also consider using CompleteCase or LegalZoom, two reputable and affordable online options for handling your divorce.
You can find more divorce information in the following articles:
• Do You Need A Lawyer
• Finding Divorce Attorneys
• Collaborative Family Law
• Divorce Considerations
• Divorce Mediation
• More Divorce Articles
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