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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