Do It Yourself Divorce

From LoveToKnow Divorce

Save Time and Money

"Do it Yourself Divorce," also known as "Pro Se Divorce," is something that can be accomplished between two consenting married people. As long as the two are on speaking terms and are able to work together to come to agreeable terms for the divorce, a Do it Yourself Divorce may be a good option. It can save you a bundle on legal fees.

Do It Yourself Divorce

Is a Do It Yourself Divorce Possible for Everybody?

The truth is, it's not always easy for a married couple desiring a divorce to come to agreement without some sort of legal intervention or mediator. However, a Do it Yourself Divorce can be possible if some criteria can be met.

  • The two people in the marriage must both agree that a divorce is wanted and that there is no way to save the marriage.
  • Any children that exist between the married couple are over the age of 18.
  • The couple does not have very many assets or have much debt - including savings accounts, stocks, bonds, mutual funds, or balances on credit cards. However, if there is any community property, the couple must completely agree on a fair way to divide everything.

Learn About Filing for Divorce

Knowing how to file for divorce is not intuitive. It's a legal procedure and it involves several steps that require reading, learning, filling out forms, and filing documents with the court system. It's a lengthy process, but it can be accomplished by anyone who is willing to learn how to take the proper steps to accomplish a divorce.

Every state in the United States and every other country in the world have different rules and regulations about divorce. Different countries may or may not allow couples to file for a Do it Yourself Divorce. However, in the United States, it's possible to accomplish a divorce this way as long as the couple is in complete agreement about the divorce and how to divide all of the community property.

All of the states in the United States have websites that contain information on how to file for divorce in that particular state. Many divorce papers must be filed with the county in which the couple resides, and the rules may vary slightly depending on the specific region. There are also books for sale that explain the steps to take when a Do it Yourself Divorce is desired.

Can Divorce Be Simple?

Just about everyone has heard one story or another about a couple going through a messy divorce. There are fights about the money, the house, the kids, the furniture, and even the dog. This is not the type of divorce that can occur without the help of lawyers.

With a Do it Yourself Divorce, it's essential to remember that the entire process of getting divorced can be simple only if there are not going to be any irresolvable arguments about the aforementioned items. Occasionally, a couple attempting to complete a divorce without the assistance of a lawyer will run into some small problems, begin arguing about specifics, or determine that the divorce forms are too complicated to fill out without help. In such a case, the couple can hire a divorce lawyer by the hour to assist or provide suggestions.


 


Comments

SW,

In the divorce papers, you are required to reveal all of your assets, including your 401k. All assets you and your husband acquired during your marriage will be divided according to the laws of the state where you live. If you and your husband are not able to reach an agreement on your own, the Court will decide how your assets will be divided. In most states, they will be divided equitably - which doesn't necessarily mean a 50/50 split.

Here is a link to an article that will provide you with some more information:

http://www.nolo.com/article.cfm/objectId/C75906FE-22D5-485C-BF77170850E16820/118/246/107/FAQ/

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I have been living apart from my spouse for about 6 yrs now....finally want formal paperwork dissolving the marriage and to obtain child support for our two children. I plan to purchase a home within a year so i feel I need the divorce first. Does he automatically get my half my 401k or does he actually need to sue me for it?(i am positive he has no plans to hire an attorney unless someone tells him he can try to get the 401k money i have. We have no assets together, we rented an apartment for the 3 years we actually lived as a married couple.

-- Contributed by: sw

Gina,

If you are unable to find your spouse, it is possible to have him served through publication - a notice of your filing for divorce is placed in the newspaper for a specific number of days. This alternative to personal service is available with the permission of the Court. Contact an attorney and/or the Court Clerk in your city to find out what forms must be submitted to request permission for this service option.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

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