Do it Yourself Divorce
You need a written Marital Separation Agreement to get divorced. However, you don’t need a lawyer to create it or file it for you. Creating and filing your own agreement is called a Pro-Se Divorce or Do it Yourself Divorce.
Generally, people who do a Pro se divorce get a “no fault divorce” based on an irretrievable breakdown of the marriage. This means you do not have to prove fault to get a divorce. No-fault divorce is available in every state.
THE ADVANTAGES OF PRO SE
- You will save a great deal of money by not hiring a lawyer – (no retainer fees, no court trials). However, you can use an attorney or mediator in a limited capacity and pay them by the hour if necessary.
- You will save time, money, and heartache.
- Your divorce will end at the courthouse, instead of starting there. In this way, you are maintaining control over your divorce and simplifying and avoiding what can and often does become a very complicated and even destructive process.
- You get to craft your own Agreement and choose the options that you think are best for your family based on your family’s personal needs.
PRO SE STEPS
- Purchase a Sample Separation Agreement template (with or without children). This Agreement is the most important Agreement you will ever write. You are deciding on no less than your future. The purpose of this Agreement is for you to be able to craft it yourself while fulfilling what the court requires. This template informs you about the contingencies and options to consider when writing your Agreement. Rather than get the information in bits and pieces from your attorney, you will become instantly aware of all the moving parts and important points you could overlook that can impact your future in years to come.
- This Agreement will take you by the hand and walk you through everything you need to know to create a workable divorce plan. Step by Step you will work through the important provisions of the Agreement which have been totally researched. This is the only online writable Agreement that provides you with the information you need to make informed decisions.
- You get to see everything upfront right from the start. This will give you a jump start on the process and save you a lot of heartache and money. It is all right there at your fingertips. You don’t have to worry about leaving anything important out. There is no more confusion or time wasted wondering what should be in your Agreement. In addition, you can decide what to offer your spouse without spending exorbitant fees to do so. If you and your spouse can agree on all the issues, the good news is you won’t need an attorney.
- Once you complete the template, you will have an organized and complete divorce Agreement that is “fileable” in court that will protect your future.
- Fill out the agreement by yourselves or separately. Important. Whether you work together (directly with your spouse) or (separately), it is very helpful to work with a mediator. They will know how to get you to talk to each other, be realistic, and find ways to compromise. a. You can work with your spouse to fill out the agreement. b. Alternatively, one spouse can fill out the agreement, and bring it to the other spouse to review and note items of agreement and disagreement. It may take going back and forth several times. If you don’t want to work with your spouse, you can purchase the Sample Separation Agreement template and fill it out yourself or with the help of a mediator and give it to your spouse as a proposal. They check off what they agree to. This, in and of itself, will save you thousands of dollars. Then, you and your spouse mediate the remaining issues. c. Unfortunately, if your spouse refuses to mediate, then you will have to retain an attorney unless you feel comfortable representing yourself. Or, you can go straight to court to have a judge make a ruling on all the issues, which would be very costly. However, this is like playing Russian Roulette with your life.
- Draft the “agreement” into a complete legal document. When you are both satisfied that your Agreement is fair, equitable, and tailored to the needs of your family, you are ready to have it drafted. You can do this yourself or have the mediator do it for you. Once it is drafted, it would be wise to have it reviewed by a CPA or attorney. Once reviewed, you are ready to make your divorce legal and have mastered the divorce process. This means you have agreed to all the terms, which is called an uncontested divorce.
- Sign the Agreement and get it notarized.
- Take a parenting class. If you have children under the age of 18, your state may require you to take a parenting class. If you live in one of those states, you cannot get divorced until you have taken the class and have a parenting certificate proving completion. Many states require that you do not take the class together. The parenting certificate also needs to be filed in court. It is now possible to take the class online and print out the certificate.
- Make sure you meet the residency requirements in your state.
- Gather all the necessary documents that need to accompany your Agreement and fill out the required paperwork. You will also need a copy of your marriage certificate with the raised seal. Also, many courts have a Pro se divorce booklet or packet explaining the entire process along with the pertinent paperwork. The paperwork you need can be picked up free of charge at a Family Court closest to you. The court clerk will be glad to give you all the necessary paperwork that needs to be filed in court and explain the filing directions. In addition, there are online portals where you can print out the additional forms that you need and file your divorce online. Most states also require you to exchange financial statements/affidavits with one another and file one with the court respectively. You can get those forms at the courthouse or online as well. When all the proper forms are filed, the court will request a hearing shortly after the filing date.
- Check with the court clerk to make sure you have not omitted anything before filing the papers. There is also a filing fee to pre-pay in court that will vary in each state. Most courts will not accept personal checks. You have to get a money order or a certified check.
- File your Agreement, along with all the required paperwork and documents.
- The court will schedule a hearing. In most states, both of you or one of you has to appear at the hearing. If you cannot appear, you can get a form to file with the court to exempt yourself and then only one of you has to appear. The judge will ask you pertinent questions regarding your case, carefully review your Agreement, and your divorce will be granted.
- Wait. In most states, there is a short waiting period until your divorce is considered official. In other states, the period is much longer, ranging from six months to a year. This grace period gives you the opportunity to change your mind.
- After the waiting period expires, you are officially divorced. In most states, the court will not automatically send your divorce decree to you. You need to request it, and a fee is usually required.
HOW WE CAN HELP
- Purchase our Marital Separation Agreement template (with or without children). It will be the best investment you will ever make and is the most important piece of the divorce process.
- Mediate. Take advantage of our mediation services. We have mediated hundreds of divorces, including working with adversarial spouses.
- Use our services to produce/draft a finalized agreement that will be ready for you to file in court.