How to Prepare Your Own Divorce Papers

File your divorce papers at the county clerk's office.

Divorce is a complicated matter if you have assets, children, or both. In some cases, where the marriage was short and no assets or children are involved, you can file for divorce in your county on your own, without legal assistance. Although it may be in your best interest to seek legal counsel in divorce proceedings, it may cost too much for you or your spouse to handle. If you make sure to file the correct forms and reach an amicable settlement, it can all be done without this legal help.

Instructions

1. Prepare and organize all of your joint financial papers including property deeds and any joint settlements that occurred during the marriage. Analyze and discuss these assets and work together, if possible, to come to an agreement on all of your joint assets such as homes, investments and cash in the bank. Any individual assets will be a non-issue as they are assigned to one individual party and will be retained as such.

2. Organize and discuss liabilities that you may owe including joint credit cards and mortgages that are in both of your names. You will need to come up with a plan to take care of those liabilities and alert the credit card companies and lien holders of the impending change on your marital status.

3. Discuss child custody as well as any child support or any alimony that may be necessary. Write down everything you have decided upon regarding child custody and alimony as well as child support, including visitation rights. If it is not documented properly, you will have difficulty proving anything if it is contested in court by your spouse; you may be at the mercy of the court and their decisions.

4. Download the forms or go to your local court or government building to obtain the papers that you must file. Filing on your own will save you money as filing fees are generally less than $150. If things become too complicated, consult with an attorney before filing to make sure that everything is in order for a smooth divorce with little conflict.

5. Fill out the forms electronically or by hand including all of the information discussed with your spouse. File the papers with the county where you resided. Many states have minimum amounts of time of residence in order to file. In Florida, for instance, one of the parties must have lived in the filing county for 6 months prior to filing. Submitting these forms will allow the restoration of the wife's former name.

Tips & Warnings

• Consult a divorce lawyer if complications arise.

References

• The Labor of Love: How To File Divorce Papers
• Woman's Divorce: Do It Yourself Divorce