How to Divorce Yourself-No Lawyer Needed

Divorce usually involves lawyers.  With lawyers come legal bills; piles and piles of legal bills.  For those of us that don’t have a fat bank account to support divorce, the only real option left is to do the divorce yourself.   Divorce yourself method is also called Pro Se which means that you represent yourself in a divorce case.  The process and documents involved to divorce yourself will still be the same; the only difference is that you don’t have a middle man, which incidentally is where most of the money spent on divorce goes.  You will still be filling out divorce forms, but you’ll have to procure and file it yourself.
If you decide to represent yourself in the divorce case you should be prepared legally and emotionally.  This article will help you be familiarized with the divorce process and the legal documents you will need.  However, emotional preparation is something you have to do on your own.  Here are the things you need to know in order to divorce yourself:

• The first step is to get as much information as you possible can about the regulations and requirements in filing for a divorce in your state.  Each state has specific rules; give your divorce court or pay a visit and inquire personally.  You can also access your county’s website for more information.

• The two parties involved in the divorce are the petitioner and respondent.  The petitioner is the one that files for the divorce and is responsible for filling up and filing the Original Petition of Divorce.

• Every state has a resident requirement.  You have to have lived in the state where you are filing the divorce for a specific duration of time; it could range from six months to a year depending on where you’re from.  If you have recently moved to a different state, you will need to file the divorce in the state’s county court with jurisdiction on your former residence.

• You should produce three copies (one original and two extra copies) and submit it to the court clerk.  One will be given to you, the other will go to the respondent and the court will keep one copy.  There will be a filing fee; again it varies from state to state.

• You will also needy collect all financial documents you have and file a financial affidavit.  List down every financial information such as bank accounts, debts, mortgages, retirement pensions etc. and make sure all details are accurate.  This is in case you and your spouse will go through division of properties.  You will need these later on in the divorce proceedings.

• If you have any debts or mortgages you have to take care of between filing the petition and scheduled court date, you may file a notice of hearing for temporary order.

• During the Discovery stage of your divorce you can request the respondent’s documents that you feel is going to play an important role in your divorce settlement.  Discovery is a legal term which means gathering information about the parties involved in the divorce. 

• If you don’t want your divorce to reach the court, be a part in the mediation process.  During the mediation, the respondent, the petitioner and a third party assigned by the court will meet to discuss issues such as division of property, child custody and support and alimony.  This is the best opportunity to negotiate a settlement that is fair to both parties.

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Florida Divorce Law

What are the grounds for divorce in Florida?
“Dissolution of marriage” is the legal term for ending a marriage in Florida divorce law. A dissolution of marriage is the legal act of terminating a marriage through a court action. The Florida Dissolution of Marriage Statute is designed to promote the amicable settlement of disputes that arise between the parties to a marriage and to lessen the potential harm to the spouses and their children caused by the process of the legal dissolution of marriage.
Under Florida divorce law, a dissolution of marriage will not be determined on the basis of the fault of one or both of the parties. There are only two grounds for the dissolution of marriage:
1.the marriage is irretrievably broken, or
2. one of the parties is mentally incompetent.
The ground for the dissolution based on the incompetence of one of the parties is rarely used. It cannot be used in Florida divorce law unless the party alleged to be incompetent has been held by a judge to have been incompetent for a period of at least three years.
The more usual reason used to obtain a dissolution in Florida divorce law is that the marriage has proved to be irretrievably broken. Irretrievably broken means the parties have differences or disputes that cannot be settled, and they must be so serious that they have caused the total and complete breakdown of the marriage.
If there are minor children, or if a claim of irretrievable breakdown is denied, the court may order counseling, continue the proceedings for three months, or take such other action as may be in the best nterests of the parties and children of the marriage.
Annulment
In Florida divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a Florida divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.
Documentation
You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.
Personal Data
•Full addresses and phone numbers of both parties.
•Full names, birth dates, and addresses of all children of the marriage, their school and grade.
•Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
•A copy of any domestic contracts (e.g. a prenuptial agreement).
•Information about any previous legal proceedings between the spouses or involving any of the children.
•Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.
Financial Data
•Your previous year’s income tax return, and any related data from the IRS.
•Information about your current income, e.g. a current pay slip.
•A list of substantial assets and liabilities of both spouses.

Jeff Cotrill is the staff writer of Divorce Mag and www.DivorceMagazine.com which offers information on Florida Divorce Lawyer ,Florida Divorce, Florida Divorce law

Steps to Take When Your Uncontested Divorce Suddenly Becomes Contested

The court system of the United States defines a good divorce as one where both spouses agree to every aspect of their marital dissolution, share equal participation in the process, and enjoy an amicable divorce once the final divorce decree has been signed off by the court.

In an ideal divorce situation, especially where minor children are involved, both parties are able to easily come to a mutual agreement regarding all issues. Such issues include child or spousal support payments from one spouse to the other, custody of minor children and a reasonable visitation schedules for each party, and the equal and fair division of the parties’ marital property – the assets and debts acquired during the course of the marriage. Yet, there are those times when a simple divorce agreement between the parties cannot be reached.

If you and your spouse are currently experiencing a similar situation where your California dissolution of marriage no longer qualifies as “uncontested,” do not panic. There are still a few steps you can take to try and help you and your spouse agree about the final outcome of your divorce.

The first step you may take is to contact your county’s Family Law Facilitator, who usually has an office located in the county courthouse. Working for you free of charge, these individuals are standing by ready to answer questions about your divorce and related family laws in your state. Facilitators can also suggest ways to help you and your spouse come to an agreement about your divorce issues.

If you have tried this method but still need assistance, the next step is setting a date for divorce mediation – scheduled by calling a private mediation company and reserving a date; by requesting to use a mediator who has been appointed by the court; or by filing a court document that requests a mediation session between the parties.

A divorce mediator is there to be fair and unbiased to the parties, hear the issues of each side, and then make an attempt to recommend decisions that are fair to each spouse. Though a mediator’s conclusions are not binding and the parties therefore do not have to follow his advice in the end, it is still wise to try and listen since that is why you hired him in the first place.

Once the two above options have been exhausted, where do you go from here? Your next step is to contact a local law firm in your area that specializes in Family law, and retain a lawyer to assist you.

Divorce Forms – What Do They Include

Before filing divorce forms, there are other documents and forms you have to fill out.  Every state has different instructions and requirements that must be met before your divorce forms can be accepted. It would be wise to inquire what these instructions are to your county clerk or search for the information online.  Generally, divorce forms include these documents:
Marriage Settlement Agreement
This document is the written form the spouses’ settlement.  A marriage settlement agreement is a written document of everything the spouses have agreed upon.   Completing this document may be longer than expected, especially if animosity exists between the two parties involved. 
The court must find the agreement to be fair to both sides and that there was no threat involved.  The court must fully believe that neither of the parties was forced to sign this document.  If children are involved, their interests must be properly secured; custody and support must be included in the paper before it can be approved.  This document should also contain the division of the assets and properties shared during the marriage.
Other issues that should be covered include:
• If the wife wants to and can use her maiden name after the dissolution of the marriage.
• Which spouse claims tax exemptions for dependents.
• Which surname the children will use.
• Whether the tax returns during the year of the divorce shall be filed individually or as a couple.
Financial Affidavit
In some states, a filing a financial affidavit is part of the process.  The court will use this document as reference to determine whether financial child support is fair and reasonable.  Some states require using specific Financial Affidavit drawn by the divorce court.  Others are not so strict; provided you include all financial details and that all information is accurate.
Divorce Complaint
This is the main document in a divorce case.  The information that will be listed in a divorce complaint or petition is as follows:
• The complete name of both spouses and their social security number
• Residence address and the amount of time the spouse lived in the state where the divorce is being filed.
• The date and location of the marriage and their separation.
• The names and birth dates of children, if applicable.
• The reason for filing the divorce.
Child Custody Jurisdiction Form
This document is only applicable if the spouses have underage children.  Both parties must fill up this form which includes the following:

• The number of children involved
• Basic information like age, social security number, date and place of birth.
• A statement under oath that the child or children are not involved in any other divorce proceedings and that no third party is involved.
Certificate of Divorce
 This document is required in most state during the granting of the final divorce.  A form is available in your county’s divorce court clerk. 
 Again, there are different set of rules and documents required in each state.  If you hire a lawyer to represent you, you won’t have to bother gathering the necessary documents.  However, if you plan on doing it yourself, finding the necessary information is vital.   

Want to get out of divorce the most quickest, inexpensive, and easiest way possible? Go to www.divorcekit.com to learn how to perform an easy divorce yourself without lawyers!

Advantages of An Uncontested Divorce Versus a Contested Divorce

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on 1. You may need an attorney if you can not make an agreement of every issue you negotiate. Disagreements you should be ready for are the grounds for divorce, payment of family debts, visitation rights, division of the assets of the marriage, child support, alimony, custody of the children, payment of health insurance for the dependent, contribution toward educational expenses, and income tax.


It is important that you negotiate all the issues of the divorce before you file for an uncontested divorce. Uncontested divorces are given an identification number and are considered by the court as an issue that will eventually need trial time in order to resolve problem issues in the divorce. This is because until you two get all the issues of the divorce case negotiated your uncontested divorce is considered a “Contested Divorce”.


When all the issues are negotiated you can then stipulate to the court to have the matters heard as an Uncontested Divorce or “no fault divorce” matter. The court will then expedite the Hearing then they will hear proof of the agreement of the grounds of the divorce. The proper way to prove the grounds of the divorce is with an Uncontested Divorce form. Id highly recommend you to get your form from legalformsbank.biz for your state’s specific up-to-date Uncontested Divorce form. Be aware of sites where you must type in your personal information so they can “generate” your legal form. Not only are you giving someone else your extremely sensitive information that could be used for all kind of identity fraud, your liable to have your money and information taken from hackers who put up legitimate looking sites then disappear off the net without ever giving you your Uncontested Divorce form.

Nicholas Fagan is proud to be an author of http://LegalFormsBank.biz providing information for legal do-it-yourselfers. We provide your state’s specific, do-it-yourself, printable Uncontested Divorce form. Download your state’s Uncontested Divorce form for only $7.95