Many people may wonder if they can forgo hiring a divorce attorney and pursue a do-it-yourself divorce. The answer greatly depends on you and your spouse. If you and your spouse are able to work out and agree with the terms of your divorce, a do-it-yourself divorce can make you save a great deal of time and money.
Before having the option of filing your own divorce papers, there are certain criteria that you need to meet.
Both parties should mutually agree to the decision to divorce.
No minor children should be involved in the case.
The community property or debt should be fairly little and both parties agree on how to distribute it.
Either of the spouses should not be active in military service because there are special issues that should be considered in a military divorce that must be handled by an experienced military divorce attorney.
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You must be financially capable to support yourself. If you have been married for more than 5 years, you may qualify for alimony in some states. However, an attorney needs to manage these arrangements.
Your spouse should not avail the services of a divorce lawyer. This is because is if he or she has an attorney, a do-it-yourself divorce is not the best option to take for you.
There must be no imminent bankruptcy and no history of abuse or threats.
You should realize that do it yourself divorces involves more time than hiring a divorce lawyer. However, you will be able to save a significant amount of money. On the other hand, you must also consider that when you represent yourself, you need to work directly with the county clerk and judges so you must first determine their perspective on do it yourself divorces. If the authorities seem uncooperative, it may be more reasonable to hire the services of an attorney. You must look for a lawyer to evaluate and file the paperwork that you have prepared.
In general, do it yourself divorces keep the divorce process fairly uncomplicated and can promote less animosity between spouses. If you believe that a do it yourself divorce is appropriate to your situation, you can request the family court clerk in your area for a specific list of documents that are required in your jurisdiction. Do not forget that each state and jurisdiction has its own document requirements, so you must consult with your county clerk to personally see what forms you need. You also have a choice to download your own state-specific divorce forms online. You can also get do it yourself divorce papers that are state specific from many office supply stores. When you have gathered all the necessary forms, be sure to fill them out carefully. If you encounter problems in filling out these forms or if the process becomes complicated for you, you always have the option to pay an attorney on an hourly basis to assess your documents and provide suggestions on how to proceed with the divorce.
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