File for a Divorce Myself

From LoveToKnow Divorce

People who want to end their marriage may be wondering, "Can I file for a divorce myself?" You can file the paperwork to get a divorce without a lawyer if you choose to. This is a cost-effective way to deal with divorce, but it isn't the right choice in all situations.

You can fill in your own divorce forms.

Filing for Divorce Without a Lawyer

There are some situations where it may make sense to get a divorce without legal counsel:

  • If the marriage didn't last for very long, the couple may want to get on with their lives with a minimum of fuss.
  • A divorce is less complicated if the couple doesn't have a lot of marital property to be divided. If they don't own a house or other assets, then it does make the divorce process less complicated.
  • If there are no children involved, there are no issues surrounding custody and child support.
  • In a situation where the divorce is uncontested and the couple can work out the terms themselves, it may not be necessary to have a lawyer file the paperwork.

Choosing to File for a Divorce Myself

If you have decided that choosing to file for a divorce myself is the right choice, you need to find out about the requirements for divorce in your state. All states allow couples to file for no-fault divorce because of irreconcilable differences. You will also need to find out what the residency requirement is in your state, since you must have been living there for a certain time before you are eligible to file. The Court Clerk's office serving the county where you live can provide you with this information, or you can find it online.

The next step in the process is to get the necessary forms. You may be able to get them from the Clerk's office or by picking up a divorce kit. If you decide to get a divorce kit, make sure the forms can be used in your state.

Fill in the forms carefully, making sure that you answer all the questions asked. It may be a good idea to make a copy of the form that you can use as a draft version first. That way, you can make any changes you need to and still have a clean copy that can be submitted to the Court when you are ready.

Once you have completed the forms, both you and your spouse need to sign them. Review the forms thoroughly before signing to make sure that all the information is accurate and the terms on the form are the same as what both of you have agreed to. In some states, the forms must be notarized, and you can have this done at a bank or the Post Office.

The signed papers need to be sent to the Court Clerk's office, along with the filing fee required by your state. The amount of the fee should be listed on the form. If it isn't clear how much you need to pay, contact the Court Clerk's office to find out the appropriate amount and what forms of payment are accepted.

The divorce will be processed in due course, since both of you have agreed to the terms, and the matter will not need to be heard by a judge. How long the process will take depends on the state in question, and how many cases are waiting to be processed before yours gets to the top of the list. In most cases, the divorce will be completed in a few short months.

If you and your spouse have children or accumulated property during your marriage, getting a do-it-yourself divorce is not the best choice. In that situation, getting legal counsel will help to protect your rights.

Retrieved from "http://divorce.lovetoknow.com/File_for_a_Divorce_Myself"

 


Comment on File for a Divorce Myself



(Displayed with your comment)                        (Will not be displayed)
Verification Code:   
    

Divorce Categories
LoveToKnow Tools
More Articles