You may be wondering if you can forgo lawyers with a do it yourself divorce. Pro
Se divorce can save you time and money if you are able to work with your
spouse. If you meet
the following criteria, you have the option of filing your own divorce papers.
Both parties mutually agree that it is best to divorce.
There are no minor children involved.
There is relatively little community property or debt, and both spouses agree on how to divide it.
There are no retirement or pension plans, investments, or stock options.
Neither spouse is in active military service (There are
extra considerations in a military divorce that are best handled by a lawyer
experience in military divorces)
You are capable of supporting yourself. ( In some states, if you have been married for more
than 5 years you may qualify for alimony, but a lawyer needs to handle these arrangements.)
Your spouse has not already retained a lawyer or filed any papers or judgments (If he has a lawyer, do it yourself divorce is not the best course for you).
There is no impending bankruptcy.
There is no history of abuse or intimidation.
Realize that do it yourself divorce will involve more time than hiring an attorney, but it will save
you a considerable amount of money. When you represent yourself, you will work directly with
the county clerk and local judges, so it is best to establish how they view do
it yourself divorce. If they seem uncooperative, it may be more realistic to hire an attorney. You should be
able to 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 with your county clerk to see what they are. You can also
download your own
state-specific divorce forms on the internet.
Basic Forms Needed For Do It Yourself Divorce:
Petition for Divorce - gives the court jurisdiction over your divorce.
Financial Affidavit - Puts forth financial agreements before the court.
Notice of Hearing - The judges clerk or family court clerk sets a date for the judge to hear
your case, and a notice of hearing is filed.
Answer and Affidavit - This allows your spouse to not be present at the hearing if he
acknowledges the validity of the do it yourself divorce. Ask the court clerk if this is possible in your state, and
where you can get the forms.
Certificate of Corroborating Witness - Establishes that you have resided in that state long
enough to qualify for a divorce in that state.
Settlement Agreement - Determines the conditions of the divorce.
Divorce Judgment or Decree - This is the document that the judge signs to finalize the divorce.
Be sure to ask for a photocopy, and also how you can receive a certified copy from the court.
Do it yourself divorce generally keeps the divorce process fairly simple, and can make for less
animosity between spouses. If you think a do it yourself divorce would be appropriate
in your situation, ask the family court clerk in your jurisdiction for a
specific list of documents which are required for your district. You can
then get state specific do it yourself divorce papers from most office supply stores. Once you have
all the forms, take your time filling them out carefully. If you hit snags or it
do it yourself divorce becomes too complex, you can always pay a lawyer hourly
to look over your documents and offer suggestions on how to proceed.
You
might also consider using the services of 3StepDivorce.com.
This revolutionary one-stop divorce site allows divorcing couples to
create their own comprehensive divorce agreement along with
supporting court required documents using a series of web-based,
self-guided forms. It makes preparing your own divorce papers much easier.
Remember, legal information is not legal advice.
For specific advice, please consult a lawyer. If you would like more information on divorce survival, sign up for our newsletter below.
