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Divorce - Doing it Yourself

You might be asking yourself if it's possible to bypass lawyers and "DO" the divorce yourself. The short answer is Yes you can. However, the question you should be asking yourself is should you go for a do it yourself divorce. That answer is not as short.

Proceeding with the divorce yourself can save you time and money but you should only do it if you meet the following criteria:
  • Both you and your spouse are in agreement that you should divorce.
  • There are no minor children involved in the divorce.
  • There are not many shared assets and you both agree on how to divide them.
  • Neither of you have any investments, retirement plans or stock options.
  • Neither spouse is active in the military.
  • You are both able to support yourselves after the divorce.
  • Your spouse has not already hired a lawyer, filled papers or obtained a judgment.
  • Neither spouse plans to file for bankruptcy.
  • There is no history of abuse in the marriage.
You must realize that if you do the divorce yourself you will have to involve yourself much more in the process and it will take time. However a do it yourself divorce can save you huge amounts of money otherwise spent on lawyer fees. If you choose to go this route, find out how your local clerks and judges view people who file their own divorces. If they seem that they are not eager to cooperate, you should be able to find a lawyer who will review and file the papers that you have prepared for you.

Each state has their own forms and papers that they require be filled. You should check with your county court to see which ones are needed in your state. You can also search the interned for divorce forms for your state. Nevertheless, below is some of the required paperwork that you will need if you decide to do it yourself.

  • Petition for Divorce - notifies and allows the court to preside over your divorce
  • Financial Affidavit - Gives the court your sworn financial information
  • Notice of Hearing - The court clerk will set a date for this hearing and your spouse will be notified.
  • Certificate of Corroborating Witness - This tells the court that you have lived in that state long enough to qualify for a divorce.
  • Settlement Agreement - This document shows the court what you and your spouse have agreed on.
  • Divorce Judgment or Decree - This document is what the judge will sign to finalize your divorce.
If you and your spouse do the divorce yourselves, it will keep the process relatively simple and will create much less animosity in the long run. If you think that a do it yourself divorce is appropriate to end your marriage, then you should contact your county court clerk and ask them for the list of documents that are required. You may even be able to get divorce kits in your local office supply store.

Once you have all of the paperwork and forms needed, take your time and fill them out correctly. If they contain questions or requests that you don't understand, don't panic. You can probably find a lawyer in your area to answer a few questions and explain a few things to you on an hourly wage.

You might also consider looking on the interned for sites that offer do it yourself online divorce kits and help for filling them out.

Article written by Mike
© Copyright 2005 All Rights Reserved

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