How To File For Divorce Yourself

How To File For Divorce YourselfDivorce can be a difficult and expensive process. Attorney expenses make up much of the cost of divorce and many people feel that they cannot afford to retain an attorney. In some cases an attorney may not be necessary to begin divorce proceedings. You may not know how to file for divorce yourself. Although divorce can be complicated, with time and research, most people can file for divorce on their own without consulting an attorney. When the person filing divorce represents themselves without an attorney during the divorce proceedings, it is known as a pro se divorce.

Some marriages end with a mutual agreement between both partners to end the marriage. They may be able to reach an agreement about how to divide up property, what custody arrangements need to be made, and whether child or spousal support is needed and what amounts are appropriate. Divorce where both parties are able to reach such agreements without judicial intervention or arbitration is called uncontested divorce. Since both parties within the marriage can make their own arrangements, an attorney is not necessary. Pro se divorce may not be appropriate in cases where abuse allegations have been made or when one or both partners are on active duty in the military. Consulting an attorney may be best in these cases.

To start divorce proceedings, the person who wants to file divorce will have to file an Original Petition for Divorce. Most states require people to live within the state for six months to a year before they can file for divorce. There may also be laws within the county regarding residency. You can contact the office of the Clerk of the Court in your county to find out what residency requirements and other divorce laws apply and to file an Original Petition for Divorce. The Clerk’s office may be able to give you some information on how to file for divorce yourself. You can also find out what fees may be required at the time that you file the petition so you can be prepared to pay them at the time you file. You may be able to file an affidavit with the court if you cannot afford to pay the fees to file for divorce. The form to file an affidavit can be obtained at the same time that you get the form for the Original Petition for Divorce.

After you file the Original Petition for Divorce, you are required to notify your spouse about the petition for divorce and get him or her to sign a waiver saying he or she was served the document. Most counties have regulations regarding the method of notification. Most counties will allow you to serve the divorce papers to your spouse yourself so that you can get him or her to sign the document. You can also often hire someone to serve the documents for you. If your spouse cannot be found you may also ask the court clerk’s office to serve the document to your spouse through publication or public notice. You will need a court order to serve the document in this way.

You may file a notice of hearing for temporary orders. A temporary order are custody arrangements or orders to pay child support or spousal support until the divorce hearings can be held. Temporary orders are typically granted when one spouse is in need of financial relief when living on a fixed income that often results from the other spouse moving out. Temporary orders can also grant a restraining order or force one spouse to move out of the home if the other spouse feels threatened by the presence of their spouse. Possession of the family home or vehicle can be granted to one spouse and order that no assets be sold.

You are responsible for notifying your spouse of the date of the divorce hearing, which can be set after a waiting period in most states.

For uncontested divorces, pro se divorce is frequently an appealing option. Do-it-yourself divorce kits are available on the internet. These kits contain a set of forms that are tailored to your particular state and often have guides written by attorneys that provide detailed information. These guides can help you make the divorce proceedings as easy as possible.

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