An Overview Of A Do It Yourself Divorce
Divorce is a stressful process of dissolving a marriage. While deciding to opt for divorce, the steps that are to be taken to obtain one may be positively exhausting. There are a lot of legal implications that come with divorce including child custody, division of assets or properties, support alimony etc. Divorce lawyers who have experience in handling this particular nature of work should handle these.
A do-it-yourself divorce however, does not involve a lawyer and is also therefore, one of the cheapest modes for divorce that is available. Engaging a lawyer may not be particularly fruitful especially if the case drags on for a long time which could be emotionally detrimental to both parties and also financially damaging. The best option here is a pro se divorce or a do it yourself divorce, without a divorce attorney.
However, there are some particular criteria which one needs to meet before becoming eligible for this kind of divorce.
Do-it-yourself divorce criteria
- Both involved parties have a mutual agreement on getting a divorce.
- Minor children are not involved.
- Minimal community property or debt and there is mutual agreement between spouses on how to divide it.
- No pension or retirement plans, investments, or stock options.
- Neither spouse is part of active military duty. In case they are, the divorce proceedings will differ due to extra considerations, which are part of military divorce and should be ideally handled by a lawyer who is experienced in military divorce matters.
- Either spouse is capable of self-support. In some states for marriages that have lasted for more than 5 years, those involved in divorce proceedings become eligible for alimony. However, a divorce lawyer is required to handle all the arrangements.
- If your spouse has already engaged a lawyer or has filed papers or judgment, then a do-it-yourself divorce is not the best course of action.
- There is no impending fear of bankruptcy.
- There is no past record of abuse or intimidation.
Provided that you fulfill the criteria given above to be eligible for a do-it-yourself divorce, here are some tips you can follow to make the procedure easier.
Do-it-yourself divorce tips
- When filing for a do it yourself divorce, there are two sets of rules to be followed namely that of the state and that of the local. State rules may be obtained from any law library as well as some public library. The local court house should also have a copy of the local rules.
- A court petition has to be filed even if you have settled your divorce through either spouse. A petition is a legal document through which statements or allegations must be made to allow the court jurisdiction over your divorce and all other aspects such as yourself, your spouse, children, and property. Information on what constitutes a petition can be obtained from your state's law for domestic relations.
- Other documents may also have to be filed with a petition that may be required by local rules, laws, and practices.
- Preprinted forms are required for some or all documents when filing for divorce may also be obtained from the court.
- Once the divorce is filed and responded to by your spouse, you can ask the clerk to help with to set the divorce for hearing by the judge. After you get the date and the time, you have to file notice of hearing in the file of the court.
- Some courts allow divorce by affidavit, which means your spouse's presence is not required.
- Divorce hearings usually involve having to produce documents and answer questions on the basis of which the court will either grant or deny a divorce. One of the most important documents required is the judgment or the decree that needs to be produced in court.
- Even if your divorce is mutually agreed upon by both you and your spouse, the judge may deny a divorce on the basis of the settlement if deemed unfair, inequitable, or not in the best interests of your children.
- After the divorce is finalized, the judge will sign the decree although you may not get the official document immediately. In this case, you have to wait for a certified copy.
Before opting for a do it yourself divorce, it is absolutely important to keep in mind the legalities involved. Getting the initial paperwork done by a divorce attorney before filing papers is a good option.
With this information, feel confident that the procedure may turn out well because you have kept the legalities in mind.