How to Draw Up Divorce Papers on My Own if We Both Agree to the Terms
Some couples who opt for a divorce use lawyers to achieve the best possible outcome. However, when money is tight and the two parties completely agree on everything, they can draft their own divorce papers. It may take a little more work, but this is an economical option for those who can remain amicable throughout the process.
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Instructions
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Obtain the required paperwork online or from your local courthouse. Some websites offer universal papers for uncontested divorces online, but it is best to use the forms from your local courthouse if you can. Some localities allow you to download these forms from the courthouse website.
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Collect all of the documents that are necessary to complete the divorce. You will need all financial documents, including insurance papers, mortgage, vehicle titles, loan documents and retirement statements. In addition, you will need birth certificates and the marriage license.
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Determine how to divide property, assets and debts. Many couples choose to split these things evenly. However, you can negotiate --- such as giving up a portion of the assets in exchange for a larger share of the property. Decide if either party will get a portion of the other party's retirement.
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Set up a custody arrangement and child support for any minor children. You will need to be in complete agreement. Most states have a child support calculator online to help determine child-support payments. Work out the custody arrangement and determine the child support based on that. Include as many details as possible, including pick-up and drop-off times, locations and specific holiday arrangements. Set restrictions on moving to ensure both parents maintain a relationship with the children.
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Detail the paperwork meticulously to avoid future conflicts. Where appropriate, indicate specific amounts, dates and rules. Draft an agreement that will work for years to come, not just immediately.
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Fill out the divorce papers together. This ensures that both parties agree to the terms of the divorce.
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Review the papers with an attorney before filing them with the court. An attorney will make sure the papers are drafted correctly and the agreement is fair to both parties.
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Tips & Warnings
Be willing to compromise. You may not get everything you want, but if you are willing to negotiate, the process will go more smoothly.
If there are complicated matters involved in your divorce or the two of you cannot agree, it is best for each party to hire separate attorneys.
References
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