Divorcing without an attorney? - Mothering Forums

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Old 12-20-2006, 12:23 PM - Thread Starter
 
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STBX and I are filing for dissolution of marriage. This is different than a divorce in that both parties agree to end the marriage, no fault is assigned, no witnesses are required, and only a hearing is required instead of both a hearing and a trial. I'm going by the courthouse today to pick up the required forms and find out how much it costs to file. Our county has a worksheet to help figure out how much child support should be paid. We've already worked out our property, debts, and custody arrangements. We just have to put it all on paper. Does it sound like we need an attorney? We don't own a house or any major property other than our cars, which we've already split. I really can't afford to pay for an attorney. Would it be possible for us to do this on our own?

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Old 12-20-2006, 12:36 PM
 
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My first husband and i divorced easily with no attorney.But i highly recommend that once you have your papers filled out go to your courts free counsel and they will look over everything to make sure you have properly filled out everything.The first time i handed in the papers they were rejected because i missed some things so i had to wait longer for it to be finalized.We didn't have a hearing or anything just handed them in and it was all done without us present.
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Old 12-20-2006, 01:08 PM
 
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If you feel everything is fair and have really checked over everything (which sounds like you have) you can definitely do it without legal counsel.

It's so great when couples can part amicably and settle without losing stupid amounts of money in the process.

Good luck.
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Old 12-20-2006, 01:37 PM
 
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My ex-husband and I divorced without an attorney, sort of. Our friend was a state representative and a lawyer, so he donated us his services, but we had a very simple divorce. There wasn't anything complex and nothing to fight and scream over, so we got off cheap.

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Old 12-30-2006, 03:28 AM
 
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Old 12-30-2006, 04:27 AM
 
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Ok so what about if you know the other party may not go along willingly, or just not go along cuz hes a major ua violation? my stbx while i dont think hell put up much of a fight, may try to hinder any attempts by prolonging things (like not taking that stupid parenting class) Also stupid question, but do i just go into a courthouse and ask for papers to file for divorce?
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Old 12-30-2006, 04:50 AM
 
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Check amazon.com or a book retailer because there is a series of books that guide you through filing for divorce and they even include the paperwork. Type something like your state "________" and the terms file for divorce (you may get a different series if your include "with minor children" in your search terms. There are some really good one that walk you through step by step.

Sometimes, depending on your court system, they may or may not be the most helpful. Usually by the time you see the clerk's office, you've filled everything out and are ready to file. Hope this helps!

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Old 12-30-2006, 05:10 AM
 
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Uncontested divorces can be done without an attorney. You can get the necessary paperwork at the court house. I helped fill out the paperwork for two ladies who came to the Legal Aid Clinic in Hawaii while I was an intern at the office. Call your local Legal Aid office. They may have a similar service. An attorney, paralegal, or law student can do a quick review of your paperwork to make sure everything is in order. It will save you time and hassle at the courthouse. Sometimes, the Legal Aid offices will have family law workshops that you can attend. Private divorce law attorneys or the local Legal Aid attorneys will answer questions about the divorce paperwork. It's usually free and worth attending. Even if your local Legal Aid doesn't have offer paperwork review or seminar, their website may have directions on how to complete the divorce worksheets. Ours does. HTH.

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