How to Fill Out Divorce Papers Without an Attorney
If you're filing for a no-fault divorce, you may be able to handle the paperwork yourself, without the help of an attorney. A no-fault divorce is when neither spouse has to prove that the other engaged in marital misconduct. Instead, the divorce is on the grounds of irreconcilable differences, meaning that the marriage has simply broken down and the couple wants to split up. Neither spouse disputes the divorce and the testimony doesn't have any derogatory statements.
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Instructions
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Agree with your spouse that it is in both of your interests to divorce.
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Come to an agreement on how to divide your property. If you have a lot of property to divide, or you cannot come to an agreement on how to divide your assets, you may want to hire an attorney to protect yourself.
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Make sure that you're capable of supporting yourself. In some states, you may qualify for alimony, which means that one spouse may have to provide the other with money after the divorce for a set amount of time. However, if alimony is part of the divorce, you'll want to hire an attorney.
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Check with your local county clerk and judges to see how they view do-it-yourself divorces. If they don't favor them, you may want to consider hiring an attorney.
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Gather the necessary documents. You'll need to fill out a petition for divorce, financial affidavit, notice of hearing, answer and affidavit, certificate of corroborating witness, settlement agreement, and divorce judgment or decree.
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Find an attorney to review the paperwork once it's complete. Even if you fill out all of the paperwork on your own, you'll still want an attorney to look it over before you submit it.
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Tips & Warnings
A do-it-yourself divorce is also referred to as a pro se divorce.
If children are involved, a pro se divorce is not advisable. Also, if there are retirement plans, investments, stock options or pension plans, consider hiring a lawyer. If either spouse is on active military service, an attorney will have to handle the divorce because there are extra things to consider. Lastly, if your spouse has already hired an attorney, it's in your best interest to hire one yourself.
References
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