Representing Yourself in a Divorce

Divorce can be a tough and expensive process. If you and your spouse are in basic agreement that it is time to separate your lives and move on, it is possible to complete your divorce without the assistance of an attorney. My experience, both in obtaining my degree in Paralegal Studies and work in the legal field at a courthouse and attorneys office, has shown me that couples can successfully nagivate the divorce process without legal council for simple divorces. It will take a little legwork and careful reading, but is a lot easier than most people imagine. If there are any complications to your situation, it is best to gain professional legal advice. If you cannot afford an attorney, some law schools and legal aid departments will gave assistance with domestic cases.

The first step in your divorce is to check with your local courthouse to see what the procedures are for pro se representation within the county. Some areas have special requirements for individuals who are representing themselves. The courthouse staff will be able to inform you of any requirements. Make sure that you do not have to complete any parenting classes, if children are involved. Parenting classes have become standard in many locations for divorcing parents of minor children. They are usually free or low cost one session classes. In some locations you may even be able to take the class online. Also inquire what the filing fee for divorce cases are. This varies from jurisdiction to jurisdiction.

The second step is to gain the correct documentation for your state. It is highly important to have all of the correct paperwork for the divorce proceeding. A divorce can be delayed or, occasionally, thrown out if the paperwork is not correct. Some courthouses will provide the forms, but most of the time you must obtain them by yourself. Luckily, there are several resources that provide free of charge legal forms. Choose your state from the resources and download the paperwork. The forms should be relatively straightforward to fill out. Make sure to fill out all areas or write “not applicable” in the areas that do not apply to your case. Many court clerk offices will let you know if your paperwork has all the forms. They will not be able to review the content of the forms or give actual legal advice, however.

When you turn in the paperwork to your county’s court clerk office, you will have to pay the filing fee. Before paying, know if they accept cash, personal check or credit card and pay accordingly. Ask the individual who files the paperwork for you when you can arrange the court date. Often, you are given a court date for at least 45 days later to resolve the issue. You must inform your spouse about the court date with a copy of the notice that the court gives you.

The final step is the court date. Arrive early to the court date. Arriving late may prevent your divorce from going through or worse, get it thrown out and you would have to start the process over again including paying the fees. Wear appropriate clothing to court. Make sure that you are wearing clean, appropriate clothing. Any revealing, tight, torn or overly worn clothing will not make a good impression. Wear clothes that you would wear on a job interview. Finally, do not bring young children with you into the courthouse. Any children under the age of 10 should be left with a babysitter unless the Court has requested the child’s presence.

Divorce can seem like an overwhelming process, but it can be navigated with a bit of careful research and planning. Use all your resources to gain assistance and learn the proper process specific to your area. It will take some time to complete, but may be worth the savings for simple divorces.

Disclaimer: I am not an attorney. This is general knowledge of process and does not constitute legal advice. Please seek professional legal assistance if you have any questions.


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