How to Divorce Without a Lawyer
By Nicholas Copernicus
Nov 12, 2009, Thu, 12 Nov 2009 08:11
In an uncontested divorce you can represent yourself. You don't have to rely on lawyers to resolve every issue. In an uncontested divorce you have full control over the divorce terms (who gets what). Most couples in the end will settle their divorce outside of court without outside assistance anyway because many lawyers are there mainly to fan the flames and extend the divorce as long as possible. Of course that's in order to collect the maximum amount of fees possible. In a contested divorce the divorce terms are out of your hands because those terms are disputed in court by your lawyers. In an uncontested divorce however both spouses will sit down to come to an agreement on who gets what before the divorce proceeds.
Working out those thorny issues yourselves may not sound like much fun, but hiring a lawyer isn't much fun either. When you sit down with your spouse to determine the divorce terms you can either use a mediator or come up with the terms by directly talking to one another. The less you use the court, the less cost and heartache you'll go through. In many cases this will result in better results for both of you because you have complete control and can decide exactly what you want from the divorce without a court's involvement.
Once you have resolved the big issues such as who gets what property and how you'll split money in a joint account all that remains is to ask the court to grant your divorce. You do that by filing the uncontested divorce form with the divorce terms you two have agreed upon in writing. Even if children are involved you two can create a child custody agreement out of court that you can then file along with your uncontested divorce forms. This is the only way to spare your children from the ugly spectacle of extended parental fights in court, which will help them come through the divorce as undamaged as possible.
Handling your own divorce without lawyers involved really isn't that difficult. Once you've resolved the big questions of child custody, money, and property all that remains is to file the divorce form. In many state's you don't even have to appear in court for an uncontested divorce. Many courts try to make it really easy to go through the whole process of divorcing without a lawyer.
There are cases when you should hire a lawyer though. If you believe that a spouse has abused the children and can no longer be trusted with custody over them then a lawyer would be helpful in proving your case. Or, if you come to court with intentions of representing yourself and you find your spouse has hired a lawyer then you should ask for an adjournment to seek out your own lawyer because this is usually a signal a court battle is about to ensue. It is your legal right to ask for an adjournment (postponement) in order to seek an attorney.
This article has been brought to you by LegalFormsBank.biz, a database of do-it-yourself legal forms, books, and kits. If your interested in filing your own divorce form without the aid of an attorney then you can pick up a do-it-yourself divorce kit from their website.
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