Going through a divorce is often challenging and emotional. You may have to handle issues like alimony, child custody, and division of assets. In addition, the legal cost of the process can be expensive.
Fortunately, if the circumstances surrounding your case are simple, you can get the divorce without a lawyer, reducing your expenses. However, this requires careful planning and a clear understanding of state laws.
If you plan to get a divorce without a lawyer, here is what to expect.
Determining the Need for a Lawyer
Whether or not you require a lawyer for a divorce depends on your specific circumstances. However, you need to understand that attorneys deeply understand the divorce process, court requirements, and filing procedures.
If you choose to handle the divorce independently, you must familiarize yourself with these aspects, which can be time-consuming. The time investment may make hiring an attorney seem more viable.
Moreover, a divorce attorney can help navigate volatile situations and negotiate agreements on key divorce issues. But if you and your spouse already agree on matters such as dividing marital property, child custody, and spousal support, there may be no problem pursuing divorce without a lawyer.
Drafting Divorce Agreements
To proceed with a divorce without legal help, you and your spouse can collaborate on drafting a marital settlement agreement for child custody and financial matters. If you agree to these documents, the judge will respect your wishes.
While it can be beneficial to consult with an attorney to ensure all vital issues in the agreements are addressed, it is not a requirement. In addition, you can find help from online divorce services and other resources that provide templates and sample marital settlement agreements.
Filing for Divorce Without a Lawyer
The ease of filing for divorce without a lawyer varies depending on your jurisdiction. In some states, domestic court systems provide robust online divorce resources, including forms, checklists, and instructions that guide you through the filing process.
These do-it-yourself options often feature step-by-step directions, making the divorce process easy, fast, and affordable. In certain cases, you may even qualify for an expedited, simplified option, typically available for short-duration marriages with limited assets and no children.
Additionally, some courts require self-represented parties to attend in-person or online training classes. These classes teach about divorce, court rules, and the basics of representing yourself in court. However, even with these resources, filing a divorce can still be frustrating and time-consuming.
Supplementing DIY Options with Legal Consultants
To alleviate some challenges of a DIY divorce, consulting with an attorney on a limited basis may be advisable. Under this arrangement, your lawyer will help you review your marital settlement agreement and paperwork before filing it with the court. They can also guide you on online filing systems or the proper procedures for your local clerk’s office.
Additionally, low-cost legal advice is available through family law clinics, legal aid services, and attorneys offering sliding scale or income-based payment options. You can access these resources by contacting your family court, local bar association, or city government services office online.
Conclusion
Getting a divorce without a lawyer is feasible for couples who agree on major issues. By drafting agreements together and utilizing online resources, spouses can significantly reduce the complexity and cost of the process. However, if the circumstances surrounding your case are complex, consulting a divorce attorney could be vital.