DIY Divorce - Do your divorce yourself

Doing a divorce yourself involves the same basic procedures in all 50 states, with the differences mainly around how the forms are titled and the timing requirements in each locale. Counties, parishes and even regions of a particular state can have local requirements that other areas do not, so it makes sense to contact your county court (often the Clerk of the Court) to discover what is required.

In order for a divorce to proceed to a conclusion, there must be a paper trail. That paper trail must not only include pertinent details from the marriage, it must also demonstrate that the individual being sued (this is, after all, a suit for divorce) has been properly notified (served) and has been given adequate time to respond. All this mumbo-jumbo is covered in what you have come to know as divorce papers or divorce forms. Every petition for divorce must present them. If you are handling your divorce yourself, you'll get these forms one of two ways. The conventional way is to schlep down to your local courthouse, park, find the office where the forms are kept, maybe stand in a line, and after explaining to the clerk what you intend to do, walk away with those forms without any real up-front cost. Of course, the cost to travel there, parking fees and your time is a cost you may wish to avoid. The second method is (you're way ahead of me I can see) is downloading the divorce forms.

In some instances you can find FREE downloadable forms but over all availability is like hen's teeth - pretty rare. Below you'll find the general procedure for filing. The names of the forms may be slightly different in your location, but you'll be able to match them to these forms. Note that if you download forms, it makes sense to get a combo package which is all inclusive. Combo packages can range in cost from $40-$75. You may not know which forms you'll need or which forms will not be needed, so getting a combo package ensures you get ALL forms.

Doing a divorce yourself involves the same basic procedures in all 50 states, with the differences mainly around how the forms are titled and the timing requirements in each locale. Counties, parishes and even regions of a particular state can have local requirements that other areas do not, so it makes sense to contact your county court (often the Clerk of the Court) to discover what is required.

There are generally two types of divorce (also called dissolution); Summary and Regular. A Summary Dissolution is appropriate for those with no kids, no real estate, little or no property and debt and the parties agree on everything. With this process there is no hearing nor a trial. A Regular Dissolution is for couples who have disagreements on issues. A Regular Dissolution has a hearing unless you both decline one. Your divorce will be contested or uncontested. If you file, and your spouse doesn't respond, it is uncontested. If your spouse does respond, it is contested.

To file a summary dissolution you will have to pony up a set fee. Your location may require a second fee from your spouse. (In California, it's $395.00 and if your spouse responds, it's another $395.00). You'll need a notary, and if you go to where you bank, they should do notarization for free. You have to pay to have your spouse served in most states (which means you can't serve your spouse yourself). That can cost between $35-$100.00. Call your local Sheriff's Office or do a Google search for process servers in your area. Call the county clerk and they will usually provide guidance on who to use. Filing fees are due up front, although you may be able to get the fees waived if you qualify. Speak to the County Clerk's Office when you file.

Where should you file your divorce papers?

Call your County Clerk's office and ask them where to bring the forms. Ask them if they require a local form in addition to the ones below:

What forms will you need?

• Petition For Divorce
• Summons
• Divorce Settlement Agreement (includes the Parenting Plan you draw up)
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form (if there are children from the marriage)
• Final Divorce

What are the steps that nust be taken?

If your spouse agrees to uncontested, and doesn't respond, you'll be divorced in a matter of weeks. If there is a spousal reply, a hearing will get scheduled and you'll have to hash out your differences. A word on the Settlement Agreement- If there is a place where the process gets bogged down, it is resolving marital settlement (asset) issues and/or child custody issues. Differences must be resolved and agreed upon to move your DIY filing to a successful conclusion (without legal fees). The issues are:

1. Equitable Distribution of Assets
2. Equitable Distribution of Liabilities (Debts)
3. A Parenting or co-Parenting Plan
4. Visitation Agreement
5. Child Support
6. Spousal Support (Alimony) if any

The process isn't that difficult if you two are in general agreement, and there aren't significant assets (or debts) to fight over. In cases where there ARE significant assets, the attorneys will fight each other over that pie, and if there's anything left, you'll divide the crumbs. ;-)