Divorce Without a Lawyer
From LoveToKnow Divorce
Is it possible to get a divorce without a lawyer? Sure. The better question is whether it is a good idea to proceed in this manner.
Getting a Divorce With a Lawyer
In a situation where there are complicated issues, it makes sense to consult with a lawyer. A layperson may not be aware of his or her rights and responsibilities under the law when the marriage breaks down. Since a lawyer is not personally involved in the situation, he or she can point out items that the client might not have considered. Another advantage of getting legal counsel for a divorce is that a lawyer knows whether other experts (such as accountants, private investigators, or business valuation specialists) need to be called in.
Hidden Assets
If you suspect your spouse has not been open about his or her assets, then you will need help to uncover what assets your spouse may be hiding.
Abuse
When there are allegations of spousal or child abuse, then it is necessary to contact a lawyer. Legal measures may need to be taken to ensure that the spouse and/or children are kept safe.
Unable to Agree
Another situation where a lawyer should be consulted is when the former spouses are simply unable to come to an agreement on their own. Keep in mind that lawyers bill by the hour. This includes all letters, telephone conversations, preparation for court, and court appearances.
While it may be tempting to go after one's former spouse through a lawyer, this course of action will end up costing you, too. When legal proceedings are long and drawn out, the only people who benefit are the lawyers.
Getting a Divorce Without a Lawyer
If the divorce is a very simple one, then it may make sense to proceed without a lawyer. If the couple doesn't own any property and have no children, then legally ending their marriage may be relatively simple. Contact the Legal Aid Office in your area to see whether they can provide you with forms and instructions for completing the necessary paperwork.
Help With Paperwork
Some jurisdictions even have an office with paralegals on staff who can help with the paperwork. To find out more, call or visit your local Court House to learn what services are available.
Help With Filing Fees
If you want to get a divorce and cannot pay the fee for filing the paperwork, it may be possible to request a waiver of fees. Ask about this option at the Legal Aid Office in your city or town.
Divorce Books and Kits
There are a number of books and kits available to help people get a divorce without a lawyer. Before you choose one, it would be a good idea to contact the Clerk's office at your local court house to see whether they can recommend some resources. You may also be able to get some good information at the public library. Contact the reference librarian to see what they offer for your state of residence.
What Choice is Right for Me?
While it is possible to get a divorce without a lawyer, this option is best saved for situations where the marriage was short, the couple has little or no property to divide, and there are no children involved. In more complicated situations, consulting an attorney is a better option.
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Comments
Craig,
Once the papers have been filed, if the two of you can't agree on a settlement, then you can ask that the matter be put on a list for a hearing. The fastest way to get the divorce completed would be for the two of you to work out a settlement and ask the Court to approve it.
Jodee Redmond LoveToKnow Editor
-- Contributed by: JCRedmondHI- If my wife filed for Divorce in August of 08, is i true that she can drag out the process for 2 years? How can this be avoided?
-- Contributed by: CraigHi Ji,
All states have no-fault divorce. This means that the divorce is granted due to irreconcilable differences or a similar reason. No "fault" is assigned to either party, and the dirty laundry you are asking about would not be taken into consideration, even if it were mentioned in court.
Jodee Redmond LoveToKnow Editor
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