Under certain circumstances, you may be able to divorce your spouse without paying a lawyer. A divorce professional (at your expense) simply completes the paperwork, files them in court, and attends a hearing, all of which you can do on your own. A do-it-yourself divorce isn't always wise, but it's an option if money for a lawyer is an issue and the divorce isn't complicated.
Steps
Part 1 of 4: Determining if You Can Proceed Without a Lawyer
Step 1. Talk to your spouse about it
If you agree on the terms of the divorce, submitting the documents yourself might be an idea. However, if you don't agree, a lawyer will be needed to protect your interests.
Step 2. Assess if your case lends itself to divorce without attorneys
In general, you can proceed with a "do it yourself" divorce if:
- You have not been married for over a couple of years.
- You do not have children for whom to establish custody, visits and financial support, or you and your spouse are completely in agreement on the management of children.
- You both have no common money, property, or debt to share.
- Neither of you owns stocks, investments or bonds.
- You do not suspect that the spouse is hiding financial assets or bank failures.
- None of you are in the military.
- You are not a victim of marital violence.
- You can support yourself after a divorce and you won't need your spouse to pay you alimony.
Step 3. Discuss the most important issues with your spouse
This way you are sure to find an agreement that satisfies both of you. The issues you should discuss, which obviously vary greatly depending on the specific situation, can include:
- Division of assets, such as real estate, bank accounts, vehicles and personal property.
- Division of debts, such as mortgages, loans, debit cards.
- How to remove spouse's name from joint accounts and contracts.
- Custody and everything related to the children (visits, insurance, etc.).
- The alimony that one spouse will have to pay to the other after the divorce.
- Return to the maiden name for the wife.
Step 4. Decide if you need help
While it is entirely possible to get a divorce without a lawyer, it is sometimes helpful to have legal support during the process. Here's how to make sure you're doing it right.
- Even if you cannot afford (or do not want) the intervention of a lawyer, you can however ask that you review the documents by paying a much lower fee. This way you will get confirmation of the work done and protect your assets and your future.
- Together with your spouse, you can also consult a counselor to agree on every aspect of the separation. Many states require this procedure to be performed.
- There are associations that provide assistance for the compilation and presentation of documents without giving legal advice. Do an online search to find the one closest to you.
Part 2 of 4: Fill the Forms Correctly
Step 1. Contact the clerk of the court responsible for your residence
This office will confirm if you have completed and submitted all the forms / documents required by the legislation, and the persons in charge will answer all your doubts regarding the procedure.
Step 2. Prepare the necessary documents for divorce
On most state sites you can find the necessary forms for divorce. They have a legal language and spaces to fill in where you can report your data and those of your spouse. You can also get the forms in the courts or stationery stores. Each state requires specific forms, which include:
- Divorce petition.
- Quotes. This form allows an officer to contact their spouse and notify them that you have filed for divorce and are awaiting a response.
- Notorious deed of finance. You must disclose your complete financial situation and agree on how your assets and debts will be divided.
- Notice of Hearing. It is produced when the court sets a date for the judge.
- Answer the sworn written testimony. If your spouse does not want to attend the hearing, they can accept the divorce conditions by submitting this document.
- Final agreement and divorce decree.
Step 3. Fill out the necessary forms with the registrar's office
This is the first step in formally filing your divorce application in court documents. The registry will require you to submit a certain number of copies of documents, along with the original documents. Check with the clerk in advance to determine how many copies are needed.
Some foreign states require that you have been resident there for a certain period of time before you are allowed to file for divorce. Check with the relevant office on your eligibility requirements, or search for them online
Step 4. Pay the court filing fee
Each court has a divorce filing fee, which can vary widely. In most jurisdictions it is between 100 and 300 euros.
If you cannot afford to pay this fee, you could ask the judge to waive the normal filing fee. In some cases, if you qualify for government assistance or your income is below poverty line, you can submit a special fee waiver application form at the clerk's office. The judge may or may not accept the request, depending on local judicial practices and individual circumstances
Step 5. Always make copies
When completing and submitting a form, always make a copy for your records. This way you have proof that you have submitted all documentation and can provide it again in case the originals are lost.
Step 6. Get organized
In addition to making photocopies of each document, remember to keep them in a safe place. Include any tax receipts you've paid, any signed documents, and any information the clerk has provided you with (so you can reference them in the future).
Part 3 of 4: Go to court
Step 1. Ask for the date of the hearing
You should be notified of the date and time by post. Your case will be put on the list of pending cases for a few months. However, be aware that a hearing is not always necessary: inquire at the competent court.
There are different types of hearings that can be scheduled in your case, depending on the laws and practices of the local court. For example, there may be an interim or preliminary hearing, which deals with temporary orders, usually to deal with children and possession of marital residence and vehicles, while the divorce is pending. There may also be a final divorce hearing, where the judge is likely to grant your divorce. Different courts may request additional hearings if necessary
Step 2. Be prepared
On the day of the hearing, bring everything you need to court. This includes all signed documents and forms, as well as other "supporting documents". Even a divorce by mutual agreement sometimes requires months of waiting, so avoid further expanding the time by forcing the court to reschedule the hearing just because you do not have all the necessary information.
Step 3. Dress appropriately
Remember that the courtroom is a formal place where the judge will make a final decision. For this reason, dress respectfully, as you are representing your interests.
Step 4. Know what will happen
If you and your spouse have found a mutual agreement to end your marriage, then the judge will ask you to express only your requests, especially if there are no children involved. However, if there are points of disagreement or open hostility, the judge may require you to mediate through a lawyer before deciding on the case.
Step 5. Attend the court hearing
Remember that what is decided in court is final. You will probably not be able to change the final chord afterwards.
Part 4 of 4: Final Procedures
Step 1. Follow the status of your divorce application
The whole process takes months before the separation is officially ruled. It is important to always know where your petition is and what you need to do in the meantime. Sometimes, the court wants to contact you for a deposition, so you need to know what is happening to resolve the procedure in a reasonable time.
- In many states there are waiting periods before a divorce can be granted. This waiting period can be as little as 60 days or up to 6 months.
- If you and your spouse have minor children, the law may require you to take a course for divorced or separated parents. Participation may involve the payment of a small fee, usually between 20 and 30 euros. Some courts will not grant you a divorce without having attended the course.
- Some courts do not grant divorce if the wife is currently pregnant. Depending on the laws in your state, the wife may need to first give birth to the baby and prove it is not her husband's before granting a divorce.
Step 2. Collect a certified copy of the divorce decree
The court chancellery will provide you with an authentic copy of the divorce deed, and if this is not possible, it will indicate in which office to request it. You will need a copy of the divorce decree in many situations (to buy a house, remarry, and so on), so be sure to keep the notarized deed in a safe place.
Step 3. Follow the directions given by the court
Whatever the judge's decision, you are bound to respect it. Remember to fulfill your obligations and follow the judge's rules to avoid legal and financial repercussions.
Advice
You can save money by completing the documents yourself and seeking the advice of a lawyer to review them before submitting them
Warnings
- You will be required to hire a lawyer if your spouse does.
- It is advisable to hire a lawyer if you feel that the court is hostile to do-it-yourself divorce.
