Do-it-yourself lawyerless divorce can be particularly appealing to those out there who would like to save on those expensive legal fees from divorce attorneys. But you must keep in mind that do-it-yourself divorce isn't just about filing papers by yourself, you have got to discuss the terms of the divorce with the other party and make sure that the both of you can reach a decision regarding the division of property. Now this is where things can get complicated. The do-it-yourself divorce isn't for everybody. If the following conditions apply to you, then this approach to divorce may be possible:
? Your marriage has lasted for five years or less.
A marriage that has lasted for longer than this amount of time may entitle one party to an amount of the other's retirement funds.
? You do not have kids.
If you do have kids, a divorce attorney is normally needed to deal with child support and custody issues.
? There are only a small number of assets or debts involved.
Many assets mean many properties to divide amongst the two of you. Many debts mean the same in terms of amounts to be paid. These types of situations may require the help of a professional in order to clarify any possible issues when dealing with fund transfer.
? Both parties have honest communication with one another.
If there is no honesty and clear communication between one another, any form of agreement or negotiation will be hindered. A professional may be needed to mediate.
? Both parties are employed and self-supporting.
If one party is unemployed, the other may be required to provide him/her with support and an attorney may be conferred with.
If you do decide on a do-it-yourself divorce, you will have to acquire the needed forms from on-line or a store in order to file the papers. You will be able to download the forms for a certain amount. Some state courts provide the forms for free. Just make sure to file the divorce papers in the appropriate county where you live.
Once you have finished with the papers, you should file them at the court nearest you. Included in these papers is a divorce petition which will require information regarding yourself, your partner, kids, and your properties. It must be notarized as well.
After this petition has been filed and the fee has been paid for (normally $200 in most states,) a summons will be issued by the court and the other party will be formally notified regarding your divorce file. If you and the other party cannot come to an agreement regarding the settlement, you may be forced to seek legal help.
Remember that a do-it-yourself lawyerless divorce needn't be as black and white as you may think it is. Consulting with an attorney or a mediator in order to seek some advice wouldn't hurt. If at anytime during the process you feel as if you are not sure of the procedures, by all means seek out some professional help.
Author: Hope Ocampo
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