Yes, it is possible to file your own divorce and complete the process without the aid of an attorney. However before you commence a do-it-yourself (DIY) divorce, consider these ten tips:
You’re a Good Candidate if ….
You're probably a good candidate for a DIY divorce if:
and your spouse are in agreement on all issues (division of property, custody, and support);
(b) you’re satisfied that you have complete information about your family's assets and debts and these are fairly simple; and
(c) you're comfortable with the arrangements for your children in terms of custody and support, and shared parenting time. In other words, you believe the settlement is fair and reasonable.
Do You Have the Time and Temperament?
Sure, you want to save the money, but do you have the time to time to research your state’s law, gather the documentation and follow through with court filings and appearances? At the same time, you will need an even temperament to deal with the roller coast of emotions that may be in play even if you and your spouse are in complete agreement as to the process.
If only one or two issues are standing between you and your spouse attempting a DIY divorce – say for example visitation rights -- don’t give. You and your spouse may achieve consensus and resolution through the use of a divorce mediator, a professional who can bring closure to many controversial divorce issues. Similarly, if emotional issues are creating a wedge, a counselor may be able to facilitate an end to the gridlock.
Don't Overlook Tax Issues.
There are serious and long-term tax considerations for some divorces. Before signing off on a DIY divorce filing, you may want to consider consulting with an accountant, financial advisor or tax preparer who can alert you to the potential tax issues post-divorce. . And don’t forget www.irs.gov, where the IRS offers free information about all the tax issues related to divorce.
Avoid DIY if There is Anger or Deception.
You are not a good candidate for DIY divorce your spouse is a cauldron of unresolved anger, such that the spouse is a danger to you or your children, then a DIY divorce is not appropriate. It’s also not appropriate if you have a reasonable belief that the your spouse is hiding money or transferring joint assets out of your control. See our section on Hiding Money Before a Divorce to learn how it's done and how the assets are found.
Start With Your County Clerk.
Although counties differ, most county clerk’s offices provide you with some of the basic information required when filing your own divorce. (Sometimes this is available at your county clerk website so check there first.) the clerk cannot give legal advice and may refer you to a county law library if one is available. If you want to find information about where your local court is, which branch you should use, filing fees, or clerk’s hours, you can usually find a direct link to the court website at www.statelocalgov.net or www.ncsconline.org.
Check Out Legal Document Preparers.
In some places, there are businesses that prepare the paperwork for uncontested divorces. These folks may be called paralegals but they are also referred to as legal document preparers, or LDPs. Legal document preparers aren’t allowed to give you individualized legal advice. (Only licensed lawyers can do that.) However, they can prepare forms, using the information you supply, and file them with the court. So when you visit a document preparation business, you’ll get a questionnaire that asks you for the information the preparer needs to fill out court forms for your county. The LDP will transfer the information onto the forms, and then either you or the LDP can file them with the court. The fee for doing the paperwork for an uncontested divorce varies from about $175 to $700, depending on where you live, whether you have children, and whether you need a separate settlement agreement (which depends on how your state’s forms are structured). Because the quality and reliability of such services can vary greatly, it is recommended that you do a little checking before settling on one. Find out the number of years experience, check online reviews, see if your state has any restrictions on LDP work, and if possible get a reference.
Web Based Divorce Services.
Some document preparation services interact with customers only through the Internet, which may be a boon to you if no walk-in service is available close to where you live. You’ll answer questions on the website, and the forms will emerge from your computer or be mailed to you a few days later. You’ll need to file the forms with the court yourself.
In some cases, the web-based service will arrange for the filing. The cost is usually a few hundred dollars (typically between $200 and $500) and differences in price often relate to the speed with which the documents are prepared. Again, a little research about the service can help, particularly any online reviews. Some sites display a seal for the Better Business Bureau online, which means you can check on a report for that company at www.bbbonline.com. Not having the seal doesn’t mean that the product isn’t good, but use your judgment and spend some time looking around for what will work best for you. And while getting your documents immediately may seem appealing, check to be sure they’re being reviewed before you get them.
Lawyers Have Their Advantages.
There’s a reason why lawyers charge high fees. They’re often aware of long-term concerns that you may not consider, for example, whether a court will “impute” future income to a spouse who has bright financial future. Lawyers also offer a shield – all correspondence and contact can be directed through the lawyer’s office if things get ugly. And lawyers may have a better bead on child custody issues and what the court considers as a parenting plan that has the child’s best interests.
Not Always Suitable for Same-Sex Marriages.
Although same-sex married couples can divorce in states in which marriage is legal, the evolving status of each state’s laws may make a same-sex divorce more complicated.
For example, same-sex marriage isn’t legal in California currently, but it was for a short period in 2008. Couples who legally married in California are entitled to divorce there as well. Because of these changing rules, an attorney’s advice may be needed.
Excerpted in part from Nolo's Essential Guide to Divorce, by Emily Doskow.