Finance and Business
A divorce can be obtained without a lawyer.
Obtaining a divorce can be time consuming and emotionally draining.If your divorce is expected to be mutually agreeable, civil, and uncontested, it might be a good idea to go through the divorce process without an attorney.It is possible to save money and make the process less hostile.If you decide to have a divorce without a lawyer, follow these guidelines.
Step 1: Discuss possible divorce with your spouse.
Discuss with your spouse how you see the divorce going.If you and your spouse both think the divorce can be completed amicably, you can get a divorce without a lawyer.If you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney.You should have a discussion at the beginning of the divorce process to make the best decision possible.
Step 2: Do you think you are a good candidate for a pro se divorce?
If both spouses are in agreement about the divorce, there are not many assets that need to be distributed, and your spouse has not retained an attorney, then you should file for divorce on your own.
Step 3: Do you need to file for something?
If you want to go through with a divorce, think about other options.An annulment is a legal proceeding that cancels the marriage and wipes it out as if it never happened.A court ordered separation between you and your spouse.You will likely be living apart while you and your spouse are legally married.The rights and duties of you and your spouse will be mandated by the court order.A divorce is the end of a marriage.This proceeding will be the focus of the rest of this article.
Step 4: Consider how the assets will be distributed.
If you decide to file for a divorce on your own, you and your spouse will have to agree on how your assets will be divided.Depending on where you live, there are different rules on how the property will be divided.If you and your spouse don't agree on how property should be divided, a judge will have to step in.Texas and California are community property states, which means that the property acquired during the marriage is considered to be owned by both spouses.Unless you and your spouse agree otherwise, this property will be split evenly.The property rule in most states is that whoever bought the property will own it.Unless you and your spouse agree otherwise, it will be split evenly after divorce.If you and your spouse agree ahead of time on how property will be distributed, you can get around the rules.
Step 5: You should think about your children.
If you and your spouse divorce, your children will need to be looked after.Before you file for divorce, you should have a discussion with your spouse about who will get child custody and who won't pay child support.You will want to protect the interests of your children in court if you can't agree on these issues.
Step 6: Measure the need for alimony.
Alimony is a payment to a spouse.Discuss the need for alimony payments with your spouse and agree on an amount before you file for divorce.If you can't agree on alimony, you should consider hiring an attorney to help you get the support you need.
Step 7: Decide where you want to file for divorce.
You need to meet certain residency requirements to file for divorce in the state.If you want to file for divorce, you need to be a resident of the state or county for at least six months.You can file for a divorce in Alaska, South Dakota, and Washington if you are a resident at the time.
Step 8: All the court forms should be gathered.
All of the required divorce forms are required to start the divorce process.Go to your court's office of the clerk and ask for all the documents you will need to complete a divorce if you check with your state website.A summons is the most common document needed.The document states that you are starting the divorce process.To make sure your spouse is kept in the loop, the summons will tell you to file certain documents.There is a divorce petition.A divorce petition is a document that tells the court and your spouse what you want.You can ask for things like an end to your marriage, alimony, child custody, and a division of property.The final document the judge will sign in order to finalize your divorce is a divorce decree.All of the requirements of your divorce will be included in this document.
Step 9: You should draft your divorce petition.
The divorce petition is the most important document at this stage.The document will be filed with the clerk of courts.A divorce petition will usually include the following information: a declaration that you meet the residency requirements, the dates of your marriage, your grounds for divorce, and a request for a divorce.
Step 10: Go to the court clerk's office to get the divorce petition.
The clerk of courts will sign the divorce petition once you have filled it out.The original document will be returned to you by the clerk of courts once he or she has signed it.
Step 11: Notices and service to the other party are required.
You will give the original document to your spouse.A marshal or other professional will usually do this task for you.After your spouse has been served and given notice, he or she will return the document to you.
Step 12: The divorce petition can be filed at the court clerk's office.
All of the completed documents and service papers will be filed with the clerk of courts.Some states will set a hearing date immediately after completing the process, while others will have a waiting period before setting a date.
Step 13: If your spouse filed for divorce, you should respond.
If your spouse files for divorce, you will be given a copy of the petition and have a chance to respond.Whether you agree with the divorce petition and its contents, whether you disagree with all or portions of the petition, a discussion of your assets and debts, and a request for relief are all included in your response.
Step 14: If you have to, consider filing any necessary temporary orders.
You should consider filing temporary orders after you file your complaint.Before your official divorce hearing, temporary orders will ask the court to rule on certain issues.Child support, child custody, and/or temporary alimony are some of the common orders filed.
Step 15: You have a court hearing.
You should be in contact with your spouse while you wait for the court to rule on your divorce.If the court gives you a period of discovery, you can request documents from your spouse.If your state has a waiting period, you can use it to fill out and deliver financial affidavits, attend required classes on parenting, and go through other case management proceedings.
Step 16: If you can, try to mediation.
While you wait for your divorce hearing, you may want to consider mediation.The formal court setting has an alternative process called mediation.You and your spouse will negotiate agreements with a third party in mediation.There will be no need for a court hearing if all issues can be resolved in mediation.
Step 17: Understand what you will get.
Before you go to your divorce hearing, you should understand what to expect.Dress professionally and conservatively, expect delays and arrive early because you will have to go through a security screening, and be prepared and bring copies of all the documents you have filed, filled out, or received.
Step 18: You should attend your court hearing.
If your divorce is not contentious, you and your spouse will simply ask the judge to sign off on your decree, which you will bring to the hearing.A judge will hear both sides of the story if the divorce iscontested.You and your spouse can give evidence to the court on any issues they disagree on.
Step 19: Obtain the judgement from the court.
The judge will make a decision after listening to what you and your spouse have to say.The court's judgement, which will be in the form of a divorce decree, will set forth the specifics of your divorce including what property goes to who, who gets child custody and/or child support payments, and what amount of alimony a party will receive.If there was no divorce, the judge will sign off on the decree you brought to court.If your divorce wascontested, the judge can write a divorce decree that includes requirements he or she feels best suits your and your spouse's situation.
Step 20: The divorce decree should be filed.
You must file a divorce decree with the clerk of courts after your court hearing in order to finalize your divorce.Thank the clerk for their help and file your decree.
Step 21: Follow the guidelines for your divorce.
The parameters of your divorce will be set by the divorce decree that you file.You have to follow them as if they are the law.If your divorce decree says your ex-wife has custody of the children, you must obey it.Failure to follow your divorce decree could lead to legal trouble.
Step 22: Should you appeal your divorce?
If you don't like the way the divorce decree came out, you may be able to appeal the decision.The purpose of an appeal is to give another court the chance to look at the trial court's decision in order to determine if there was a legal error.A judge's decision about who the better parent would be is usually not the subject of an appeal.An appeal involves complex legal standards and oral arguments so you may want to look for a lawyer.
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