Free Divorce Information

Is it possible to obtain a divorce without a lawyer? We often hear about the cost of hiring a lawyer when seeking a divorce. Is there such a thing as a lawyer free divorce? The answer is yes but with a warning and certainly not in every case. A divorce is a legal matter and is handled in a court before a judge. Get things wrong and it could cost you dearly in more ways than one.

The Ideal Do It Yourself Divorce

Every divorce is different but here are three points which make a no lawyer divorce reasonably simple and certainly with almost no cost. Is this your situation?

• The divorce is not contested
• There are no children
• There is no property to divide

If this is your scenario you are well placed. But one final reminder. Divorce in the United States is a state matter and what may be permissible in one state may not be allowed elsewhere. Do some checking first.

Now here's a possible procedure. Go to your local courthouse and ask to see divorce papers which have been filed there. The court will most likely not allow you to see any specific case but they may allow you to see documents at random. If they do, as soon as you find a case where the situation is like yours, copy the forms. You will not be allowed to remove the documents.

Using the forms of this completed divorce, go home and make up your own forms copying the layout and wording which you copied at the courthouse.

Obviously your details and that of your spouse will need to be used. Then take the completed forms back to the courthouse and file them. There will most likely be a small filing fee. All being well that is all you will have to do except for the actual hearing.

This requires you to attend the court when instructed to do so and answer any questions asked by the judge. Again, all being well, your divorce will be granted and apart from the small costs of postage and filing, that's all you'll ever pay. So can it be done. But has it been done? Yes indeed.

In more recent times it has become possible to obtain a divorce using an on-line form and then without having to actually attend court. This sounds so different from what used to happen and still does in thousands of cases. Online divorce procedures are state specific and may not operate in your state. The simplest way to find out is to ask at your local courthouse. This type of divorce is the best example of a lawyer-free divorce.

But What If ...

But what if one or more of the following apply to your situation?

• Your spouse wishes to contest the divorce
• There is a child or children involved
• You have assets which need to be shared

Well the DIY case explained above will not apply to you. But that doesn't mean you can't obtain a divorce without a lawyer. You just need to know the procedure and not rush things.

Property but No Kids

Let's say you have assets to split but you have no children. This is an ideal situation in which to use mediation. The mediator meets with you and your spouse - separate meetings at first might be a good idea - and then a meeting or meetings with both spouses and the mediator together.

A good idea is to draw up a list of things which need to be decided and place a tick against any item on which you and your spouse have already agreed. This saves time when meeting with the mediator and can be the springboard for an agreement on matters still in dispute.

A good mediator will help the couple reach an agreement which may not be what each individual wanted but the negotiations will produce something. This document can then be part of the divorce application and the judge can rule using this agreement. It becomes a legally binding document.

The cost of engaging a mediator will depend on how long he or she has to spend on your mediation. A mediator's ticking clock may inspire the parties to work hard to reach an agreement.

But whatever the costs, it will be in most cases much less than a contested divorce using lawyers.

Should I Ever Hire a Lawyer?

Definitely so in certain circumstances. If there are issues which you and your partner cannot resolve and you feel a mediator will not be able to help you out, a lawyer may be your best alternative.

You would certainly consider hiring a lawyer if you know or believe your spouse is acting dishonestly with say a joint bank account of 'hiding' valuable items such as jewelry. And likewise if your spouse is violent or threatening violence, then that too would be a time when you seriously consider hiring a lawyer.

It has been said before many times that whenever a couple go toe to toe in a divorce court, the only real winner is the lawyer. Many couples spend so much on their legal advice that even if they do win in court, much of their money has been used to pay the lawyer.

So if the opportunity arises to obtain a divorce without using a lawyer, you would be crazy not to at least think about the deal. You can do it yourself

• by visiting the court and obtaining advice
• by buying a kit which enables you to make your own divorce application and
• by engaging a mediator to help draw up an agreement with your spouse

Of course joint-owned assets and children are not matters you can easily decide no matter how well you get on with your spouse. But even if you have kids and shared accounts and property, you can work out an agreement and present this to the court. Just be careful you are not being disadvantaged but you can file for and receive a divorce without using a lawyer.

Here are additional resources you might be interested in:

If you're in the USA and there's no property or finances to settle, then you can do it yourself. There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

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