The Pro Of Pro Se Divorce - You Do It Yourself!
Divorce can be complicated, or it can be very simple. This often depends on how the marriage ended - if it ended on good terms, then the result is a long, grueling process in which a divorce lawyer may be necessary. On the other hand, spouses who file for divorce on good terms might not need someone to oversee the process. This is where pro se divorce, or do it yourself divorce, comes in.
The Reasons For Taking Control
There are several reasons why people opt for do it yourself divorces. The couple might not be able to afford a divorce lawyer in the first place, and so they decided to take on a do it yourself divorce for financial reasons. Another situation that might arise is that the divorce is uncontested, and the couple do not have any children or shared marital assets. This situation would not warrant a divorce lawyer. Finally, some couples take over from a divorce lawyer if they are dissatisfied with the way that they are handling the divorce.
Beginning The Process
For those who decide to begin the do it yourself divorce process, the first step is to learn about what the state divorce laws are for the state in which they reside. Next, the Petitioner will have to file the Original Petition. This document can either be hand delivered or mailed to the local Court Clerk. A filing fee will be charged.
The next step when taking on a do it yourself divorce is optional. Declaring grounds for divorce is not required, and many states now have no fault divorce laws. However, in situations where infidelity or violence might be a factor, declaring grounds for divorce is typically a good idea because it may help the Petitioner to gain more in the settlement. However, it is important to keep this portion of the claim free from emotion.
Next the Respondent (the spouse who did not file for divorce) must be notified that the petition has been filed. If you are doing the divorce yourself, then you have three options. You can either serve the Respondent yourself, hire a process server to serve the petition, or you can request that they be served the petition through the mail if you are unable to locate them. If you serve them the petition yourself, then they must sign a waiver saying that you have done so.
Going To Court
Going to court is the final step in filing for divorce, whether you are doing it yourself or not. Before this occurs, a notice of hearing for temporary orders must be filed. This is only necessary if there are children or assets involved in the marriage that need to be dealt with immediately. A notice of hearing to set a date for the final divorce hearing then must be filed, and with that the period of "Discovery" begins. This allowed the spouses to gather documents and evidence on the other. Finally, a mandatory mediation process is usually required before finally going to court.
If You Want Something Done Right…
It might seem like more work to do the divorce yourself rather than hire a lawyer, but the truth is that taking control will allow you to handle your divorce the way you feel it should be handled. If you want your divorce done right, you have to do it yourself.
