A do it yourself divorce is a divorce you file on your own without an attorney. Filing a do it yourself divorce means you are filing pro se, which simply means representing yourself in court. A do it yourself divorce may benefit divorcing couples who wish to save both valuable time and money. It is best filed by couples who can agree on the major issues surrounding the divorce. Read on to find everything you need to know about do it yourself divorce.

Is A Do It Yourself Divorce Right For Me?

A do it yourself divorce may be a good option for you if your divorce will be uncontested and you and your spouse can come to a divorce agreement in a reasonably amicable manner. Do it yourself divorces are best in situations in which there are no minor children involved and there is very little, or no property to divide. The length of your marriage matters as well and generally do it yourself divorces work best when ending shorter marriages.

It is best to avoid filing for a divorce without an attorney if there are child custody, support, alimony, and significant asset issues to be resolved. If any of these very important issues are left unresolved you may be unable to obtain a fair and complete divorce. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things during the divorce, you will forfeit them forever.

You should not attempt a do it yourself divorce if either spouse has a mental illness that would prevent him or her from being reasonably able to handle his/her own affairs. It is also inadvisable to attempt to handle your divorce without an attorney in cases in which there has been a history of mental, physical, or sexual abuse. You will not be able to negotiate effectively for yourself if you feel intimidated.

How To File A Do It Yourself Divorce:

There are tons of books, kits, and form packages available today to aid you in handling your own divorce. Many do it yourself divorce kits are state specific, which means they contain information concerning the laws of your particular state and the required divorce forms for your local court system. Do it yourself divorce kits can easily be obtained online, at bookstores, public libraries, and office supply stores. Many do it yourself divorce kits contain free optional software to allow you to fill in the required forms and print them out from your personal computer.

There are many online businesses that provide the forms you need to fill out and obtain a divorce in your state. You simply fill in the forms online, and provide the required information. After completing the forms and paying the fee, you are able to download and print your divorce forms, completed, and ready to be filed with your local divorce court. Some of these web businesses also offer telephone support in case you need additional help.

Legal clinics exist in many states that provide divorce worksheets and questionnaires for you to fill out. After you fill out the worksheets, you are expected to return them to the legal clinic. After receiving your completed worksheets the clinic prepares the necessary legal forms for you to file with your local divorce court.

Benefits of A Do It Yourself Divorce:

One of the most important benefits of a do it yourself divorce is the monetary savings involved. Filing your own divorce can save you thousands of dollars in attorney fees.

Filing your own divorce can also save you time. If you and your spouse can come to agreement out of court, handling your own divorce can save you many days of sitting in a courtroom waiting for a judge to decide your fate.

Perhaps the biggest benefit of filing a do it yourself divorce is the amount of control you retain over the ending result. If you and your spouse can agree on important issues, your divorce agreement will turn out the way you both want it, instead of allowing a judge, who doesn’t know either of you personally, to decide your fate.

Potential Pitfalls:

There are many potential pitfalls involved in filing a divorce without an attorney. The first potential pitfall is in negotiating. If you have monetary or property settlements to negotiate and your spouse is manipulative, unfair, or has more knowledge of divorce law than you do. you could end up getting the short end of the stick. If you feel intimidated in any way by your spouse, you are more likely to agree to things that are unfair to you without a lawyer.

Lawyers are trained to look over every detail and look for loopholes in your divorce papers. If you file on your own you may miss an important detail or leave room for a loophole that can cause problems later.

Divorce laws change rapidly. Related laws, such as laws concerning pensions, taxes, and marital debts, consistently grow more complex. It can be very difficult to stay abreast of the laws and any applicable changes without a lawyer.

If you do decide to file your divorce without an attorney, it is a good idea to have an attorney or at least an experienced paralegal, look over your documents to help you to prevent making costly mistakes. Another good way to get help and legal advice when filing for a divorce without an attorney is to sign up with a prepaid legal program. Prepaid legal programs offer unlimited advice from a lawyer in your state at a low monthly cost. This advice can be valuable to you as you wade through your state’s divorce laws.

Even if you decide against filing for a do it yourself divorce, the many kits, forms, and books available can be a great help in getting started. They can help you organize your vital information, consider alternatives, and decide important issues.