Things You'll Need:
- the ability to communicate civilly with your spouse
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Step 1
First, if the marriage has resulted in children, you will most likely need a lawyer. Not only does the court often require some type of counseling, classes or mediation, you will need to figure out custody, visitation and child support. Contact your local courthouse to find out the policies regarding divorce and children. Information gathered from the marriage and family division of the court will help you to determine if your situation requires legal assistance. If the court has few requirements and you and your spouse are in agreement on the matters of visitation and support, you may be able to handle matters on your own. If you have no kids with your spouse, you have managed to avoid one of the hardest parts of the divorce process and may be able to proceed unassisted.
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Step 2
Second, consider how the assets will be divided. If your marriage has been a short one, you may not have accumulated many joint assets. If this is the case, e.g. you rent your residence and your cars are in your individual names, you most certainly can proceed without a lawyer. If you do have joint property however, you must agree on how it will be divided. In order to proceed without legal assistance, you and your spouse must be able to have a civil conversation and be fair to one another. Broach the subject of the house and the savings with your spouse and see how he or she reacts. The easiest way to get through this conversation is to agree that each person leaves the marriage with what they had when they entered into it. Joint assets should be divided right down the middle.
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Step 3
Finally, if both parties are agreeable to the terms of the divorce, you must get it all down in writing. Time may be of the essence here, as the longer the process drags out, the more time you both have to pick fights with one another and change your minds about what you are entitled to. Divorce packages are available for purchase at office supply stores and on various websites. Once the paperwork is filled out, you must take it to a notary who will have to witness your initials and signatures. DO NOT sign the paperwork until you go to the notary or you will have to start all over. Once the paperwork has been notarized, you need to take it to the courthouse. Many courts do not require any hearings for an uncontested divorce with no children involved, but a few still do. When you turn your paperwork in, the clerk will inform you if there is any court date. If not, you simply sit back and wait for the divorce decree to arrive in the mail. If, however, you are required to appear in court, a lawyer is not necessary. These hearings are mostly a formality. The judge will ask a few simple questions as to whether both parties agree that the marriage is irretrievably broken and if the asset division is deemed fair by both. It may be a bit of an uncomfortable process, but it is over quickly. After the court date, your divorce decree will be mailed to you.
