How to File a No-Fault Divorce Without a Lawyer
Before embarking on divorce proceedings without a lawyer, it is a good idea to consult with an accountant or financial advisor, or even tax preparer who can alert you to potential tax issues after a divorce. IRS is the official website where IRS officers offer free information about all tax issues pertaining to divorce.
A quick divorce can be achieved if both parties agree the marriage has broken down irretrievably and want to get divorced. This is the most straightforward form of divorce. The co-operation of the other spouse is always required in a quick divorce.
Mar 10, 2022 · Summary: If you are looking to get a divorce in NC, contact the experienced divorce attorneys of Charles R. Ullman & Associates. Call (919) 829-1006 today. Match with the search results: Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.
Sep 05, 2017 · Divorce without a lawyer is most people's goal when they start the process, and with any luck, the immense resource drain of dueling legal teams can be avoided. To decide whether or not a simple divorce is going to work for your family, ask yourself — and then answer as honestly as you can — these seven questions.
Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.
When you and your spouse get a divorce, and if you have children, those children will need to be cared for. Before filing for divorce, sit down with your spouse and decide who will get child custody and who, if anyone, will pay child support.
If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.
Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year.
Property is split differently during a divorce depending on what state you are getting divorced in. Be sure to understand your state's laws regarding the division of property upon divorce.
A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.
A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.
To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.
If you cannot agree, you are likely to need the assistance of an attorney to protect your interests. Decide if a pro se divorce is appropriate for your situation. While some situations are easily handled on a pro se basis, others are far too complex to be handled pro se.
In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.
File the necessary forms with the clerk’s office. This is the first step to formally placing your divorce petition on file with the court. The clerk’s office will require you to file a certain number of copies of the documents, along with the original documents.
For instance, you may have a provisional or preliminary hearing, which deals with temporary orders, usually dealing with children and possession of the marital residence and vehicles, while your divorce is going on. You may also have a final divorce hearing, at which the court is likely to grant your divorce.
Many states have waiting periods before your divorce can be granted. This waiting period may be as little as 60 days or as long as six months. If you and your spouse have minor children together, your state laws or local court rules may require you both to attend a parenting class for divorced or separated parents.
You have no children together, or you and your spouse agree on all matters relating to the child (ren), including custody, visitation, and child support. You and your spouse don't have a lot of money, marital property, or shared debt to divide. Neither of you own significant stocks, bonds, or other investments.
Property division is the heart of any divorce, even a DIY divorce with no significant assets. No matter what, somebody is leaving this marriage with the car, and maybe somebody else is getting the frequent flier miles. However much or little you own together, some equitable division has to be worked out, and you'll do best if you give this some thought before the split. If there is anything in particular that you simply cannot do without, such as your grandfather's desk chair or the wedding china, think about what other things you're prepared to give up to keep it. You won't get everything in the split, so prioritize the important stuff before you file.
One reason people leave marriages is physical or emotional abuse. Fortunately, the law in every state has mechanisms to protect abuse victims if necessary. If your relationship involves force, physical violence or the threat of either, you can ask the court to issue a protective order at the time you file, or at any time, for that matter. The idea is to protect you from harm. Thankfully, a protective order is needed only in a minority of break-ups, but it is one of the things to think about, even if just to rule it out when you're considering how to get a divorce.
Legal separation also works well as a trial divorce, which lets you both get a taste of the process without fully committing to a do-it-yourself divorce. You may also find that annulment is the more appropriate choice.
As a rule, once the divorce papers have been filed, one or both parties move out of their shared home. Like most rules, however, this one has its exceptions. Some divorcing couples are on good enough terms to remain in the same home together, although they may no longer share a bedroom or mealtimes.
Not every difficult marriage needs to end with divorce. Many married couples, especially those who have significant assets or entangled business interests, find it's to their advantage to separate instead of dissolving their union. Legal separation also works well as a trial divorce, which lets you both get a taste of the process without fully committing to a do-it-yourself divorce.