Do
it yourself divorce approach is very common now a days. We know from experience
that many couples who agree on all issues can get divorced without a lawyer,
maintaining control over their legal action, especially the cost. Of course,
arranging a do it yourself divorce is based on the assumption that both
partners will talk to one another in a rational way, be fair and upfront about
any issues such as divorce paperwork that might need further attention and generally act in a civilized
and mature fashion.
Before
you commence a do it yourself divorce, consider these tips:
- 1. You and your spouse agree to the divorce and aren't contesting any issues;
- 2. Your spouse hasn't retained an attorney or filed any papers (in these situations, it's best to hire your own attorney);
- 3. There are few martial assets or debts;
- 4. Custody of the children is agreed upon;
- 5. Both spouses are capable of being self-supporting (In some states, you may qualify for alimony if you have been married for more than 5 years, but a lawyer needs to handle these arrangements.);
- 6. Neither spouse is in the military (there are extra requirements for a military divorce that are best handled by a lawyer experienced in this area);
- 7. Neither spouse owns stocks, bonds, or other investments;
- 8. There are no pension or retirement plans to divide;
- 9. There is no history of domestic violence, abuse, or intimidation in your marriage.
In
order to precede with a do it yourself divorce, you will need to acquire state
specific divorce forms, either from your local courthouse or online. It is very
important that you get all of the required documents, and if you choose to
download them from an Internet site, print the documents exactly as you are
instructed to.
Speaking
of divorce paperwork, you also need to make sure you have the correct forms and
documents for your state. You can check with the county clerk to find out which
documents are required for your district or you can download the state-specific
divorce forms on the internet.
In
some places, there are businesses that prepare the divorce paperwork for uncontested
divorces. These folks may be called paralegals but they are also referred to as
legal document preparers. Legal document preparers aren’t allowed to give you
individualized legal advice. (Only licensed lawyers can do that.) However, they
can prepare forms, using the information you supply, and file them with the
court. So when you visit a document preparation business, you’ll get a
questionnaire that asks you for the information the preparer needs to fill out
court forms for your county. The legal document preparers will transfer the
information onto the forms, and then either you or the legal document preparers
can file them with the court.
Do
it yourself divorce BENEFITS:
- 1. You save thousands of dollars in legal fees.
- 2. Your case may move faster through the Courts without an attorney.
- 3. Your Divorce may be more civil in nature.
- 4. Without an attorney the Judge may be more understanding and lenient.
- 5. May often be much easier on children that may be involve in the divorce, as less stress you and your divorcing spouse are under will often result in a diminished amount of stress transferred to the children.
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