- The person lacks money to disburse the fees of the lawyer
- The divorcing couple has finalized to file an uncontested divorce. They do not have any dispute regarding issues like marital assets or children. Considering all these, they do not desire the burden of additional expenses of a lawyer
- The divorcing partners have hired an attorney, but have become dissatisfied with the services of this attorney. Now, they feel they can perform a better job themselves
- Which forms must be essentially filed? Where to obtain these forms from and how to fill those?
- Which is the proper venue for filing of these forms?
- Which modes of service are permissible in the county?
- How to present oneself at the divorce hearing?
- What is the step by step procedure of conducting this sort of divorce?
However, a do it yourself divorce may not be considered if you have minor children because the arrangement of custody in such a case can be obtained only by the court. Apart from this one cannot opt for it, if any of the spouses is contesting the divorce. Besides if there are a lot of complications with reference to property distribution, bad debts or even if a bankruptcy is filed by any of the spouses, one cannot do a divorce all by oneself.
The most important thing that is to be considered when filing a divorce without any lawyer's assistance is acquiring the right divorce forms, printing them in the right format as required by the state and filing up the form appropriately. All the documents should be obtained appropriately and filed keeping the state laws in mind. One can get the documents from a local courthouse or download it from an authentic website.
Most jurisdiction are open with filing a do it yourself divorce, however, if the state you are filing a divorce does not seem friendly with filing a divorce on your own, you might as well think of hiring a lawyer to complete the necessary legal formalities. One should note that in such cases you may hire a lawyer only for the hearings to reduce the cost of divorce.
If you wish to complete the divorce procedure as soon as possible and for some reason are constrained towards time it is better to hire a lawyer to complete the divorce proceedings. A lawyer with his experience and expertise would be in a better position to grant a divorce without any delay and hiccups. On the other hand, there are greater chances of error when you are doing a divorce on your own especially if a few papers need to be filled again thus making the entire process time consuming.
Agreed divorce and divorce by default are the two kinds of divorces that be done under the do it yourself divorce process. In an agreed divorce both the spouses sign the divorce papers, and are in agreement with the divorce conditions and terms. This type of divorce is less hassle free and easy to be obtained. Both the parties agree upon property distribution and other formalities. One should also note that if there are children involved, especially minor, one cannot do a divorce on their own.
A default divorce on the other hand is done when one of the spouses does not show up for the hearing, cannot be traced or is not vaguely concerned of the divorce and its consequences. A divorce is still granted in such a case without the consent of the spouse or he/she signing the divorce papers. This is considered as a default divorce, where the spouse filing for divorce is the only active member and gets everything that is listed in the divorce papers.
Do it yourself divorce procedures are learnt by many these days because it only helps to attain a hassle free divorce, especially if it is not contested and saves a lot of money to dissolve the marriage.
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