DIY Divorce

Do-it-yourself divorce is a self-managed legal process that can save you money. Generally, DIY divorce is best for couples who can communicate, agree on their separation, and don’t have much in shared property. DIY divorce may not be the right option if you have a contested divorce or child custody disagreements.

Even with a DIY divorce, you should consider talking to a divorce lawyer to make sure you understand your legal rights. Divorce laws also vary by state. Contact a local divorce lawyer to protect your rights in a DIY divorce case.

Understanding DIY Divorce

When you and your spouse can agree on how to split up, a do-it-yourself divorce can save you time and money. You can even file for divorce without an attorney. However, DIY divorce is generally for people without a lot of marital assets and without any children. If you and your spouse have a contested divorce, doing it yourself is not simple.

If you have major disputes over marital property, alimony, or child custody, you should contact an attorney. You can file for divorce on your own, but you must ensure that notice is served to your spouse according to your state’s legal requirements. This may involve using a process server or obtaining a waiver of service. The court will set a date for your first court hearing. The court may send you to mediation to try and negotiate a settlement. If mediation doesn’t work, the court will decide how to handle your disputes.

If your divorce case goes to trial, each spouse will present their case before the judge. You should prepare with evidence to support your case. The judge will issue a final court order and decide who gets what in a divorce. If you believe there was a legal error in the trial court’s decision, you may have grounds to file an appeal. However, pursuing an appeal can be more difficult than your original divorce case.

Steps To Filing Your Own Divorce

To file your own divorce without an attorney, you need to understand your state divorce laws and filing requirements. Divorce starts by filling out the court forms and filing them with the court clerk’s office. If you and your spouse can agree on the terms of divorce, you can file an uncontested, no-fault divorce. No-fault means you don’t have to prove grounds for divorce.

You should already have a separation agreement that details the terms of divorce. Terms of divorce include property division, spousal support, child custody, and child support. If you have children together, the court will review your separation agreement to make sure the custody and child support plan is in the best interests of the child.

Summary Divorce Filing Forms

Some states offer a simplified process, but eligibility is often limited to couples meeting specific criteria, such as short marriage duration, no children, and minimal assets. Summary divorce is a streamlined process for eligible couples, typically based on duration of marriage and assets. A default divorce generally occurs when one spouse fails to respond to the divorce filings, allowing the court to proceed without their participation.

For a summary dissolution of marriage, your local family law court website may have the necessary forms. You and your spouse can fill out the divorce forms and sign the documents. Submit the divorce papers and filing fee with the court. Most states have a waiting period before the court will sign the divorce decree. After the judge enters the court order, the divorce is final.

Negotiating Settlements Independently

If you cannot agree on the divorce terms, you will need to negotiate with your spouse before you can finalize the divorce. In a contested divorce, there are alternatives to having the court decide. You can use mediation or arbitration to negotiate your divorce settlement. With divorce mediation, a third-party mediator works with you and your spouse to come up with your own separation agreement.

Mediation is private, and you don’t have to put your disputes on the court record. Mediation is generally faster and less expensive than going through the court divorce process. Divorcing couples can also come up with their own settlement and parenting plans instead of leaving them up to the court. However, mediation doesn’t work for everyone.

Court Procedures You Should Know

Courts have a formal process for filing for divorce. If you don’t follow the court rules, it can cause delays in getting your legal separation.

You can file for divorce in the state where you or your spouse meet the residency requirements, which vary by state and may include specific duration and conditions. Residency requirements depend on state law. You may have to live in a state for a specific period, often ranging from six weeks to one year, to meet residency requirements.

After filing, you need proof of service for the court. You can use a process server, or your spouse can give a waiver of service. If your spouse avoids service, there are alternatives to in-person service. Check with your local court rules for how to serve notice of the divorce filings.

You also need to pay the filing fees with your divorce paperwork. However, the court can waive your filing fees if you qualify. Fee waivers are generally based on income and may also consider factors like financial hardship or public assistance status. Check with your court to see if you can get a fee waiver to file for divorce.

When To Consult a Lawyer

A DIY divorce is not the best option when you have serious problems with your ex. If you and your former spouse can’t communicate or there is a history of domestic violence, it may be impossible to handle your own divorce. If your spouse is manipulative or dishonest, using a lawyer can help you avoid getting taken advantage of.

When spouses can get along and have an uncontested divorce, they can file for divorce without a lawyer. However, even if you want a do-it-yourself divorce, you should consider talking to an attorney. An experienced divorce lawyer can explain your legal rights and divorce options.

A simple divorce can turn complicated if there are disputes over alimony, child custody, or hidden assets. Contact a local divorce attorney for legal advice in your divorce case.