Do it Yourself Divorce Paperwork
Divorce retainers can be expensive, and many people cannot afford to pay the retainer and the filing fee. The filing fee for divorce depends on which state you are in. The Clerk of Court can tell you how much the filing fee is for your state. You can save money by doing the divorce yourself. It is easier to do a divorce on your own if you agree on division of assets and liabilities, child custody and visitation, and alimony issues. Even if you do not agree, you can file your own divorce paperwork, but you will be expected to know the laws of your state. This applies to all states.
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Things You'll Need
- Summons
- Petition for Dissolution of Marriage
- Answer to Petition for Dissolution of Marriage
- Counter Petition for Dissolution of Marriage
- Family Law Financial Affidavit
- Child Support Guidelines
- Parenting Plan
- Notice of Social Security Number
- Affidavit of Military Service
- Settlement Agreement
Instructions
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Obtain the necessary forms from the Clerk's office. Some clerks are online and provide the forms as downloadable adobe or Word files. All the forms come with instructions.
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Complete the appropriate forms. If you agree with each other, the divorce is uncontested. If the divorce is uncontested, you must fill out the Settlement Agreement. A Summons and Counter Petition for Dissolution of Marriage does not need to be filled out if you are doing a Settlement Agreement. All other forms are required.
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Sign and notarize the forms. Make two copies of the forms. If the divorce is uncontested, bring the original and the copies to the Clerk's office. The Clerk stamps the originals and the copies. Keep a copy and give a copy to your spouse. Attend an uncontested final hearing (the Clerk will set that for you). The Court ratifies your agreement. If the divorce is contested, bring all the forms except the Answer and Counter Petition to the Clerk's office. The Clerk stamps the forms and creates the file.
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Ask the Clerk for a list of court authorized process servers if the divorce is contested. The Clerk files the original documents in the Court file. One of the copies is yours, for your records. Deliver the other copy to the process server with two copies of the Summons. The process server serves your spouse with the packet. Your spouse has a certain number of days to respond to the lawsuit. This is outlined on the Summons.
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Wait for your spouse to file her Answer to Petition for Dissolution of Marriage. If your spouse does not file her answer within the allocated number of days, request that the Clerk enter a default and schedule a Default Final Hearing. If your spouse responds in time, and you do not think you can settle the matter, contact the Clerk of Court to schedule a Final Hearing. Attend the Final Hearing, then abide by the Court's ruling.
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