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Divorce without a lawyer or DIY Divorce: Is it a good idea?

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By Peter Schermack

Divorce without a lawer: DIY divorce

Divorces without a lawer or DIY (do-it-yourself) divorce, or Pro Se (that's what the courts call self-representation) divorces are pretty common these days. All information that you really need is online. You can even find the divorce papers online for free, fill them out online, and file according to instructions.

But is it really a wise thing to do?



Is it wise to divorce without a lawyer?

Most people think, and most lawyers agree, that all divorces are too complex to do it yourself, even the ones that appear to be easy, and it's better not to do it without legal representation. However, the divorces are also getting more expensive, and many couples feel they are too poor to afford services of a lawyer.The tough economy has caused more and more people to choose the self-representation.

When is it acceptable to divorce without a lawyer? If the divorce is amicable, the couple has reached an agreement regarding division of assets; if there are no children or the children are grown up - then there is no reason why people should not just file the papers and represent themselves in the court.

On the other hand, if there are any issues with child custody or assets, then it is better to hire a divorce attorney.

And despite the cons of DIY divorce, it's happening more and more often.

Divorce without a lawer: is it for you?

To be able to use this process, there are certain conditions that must be satisfied:

  • Both parties must file for the Pro Se divorce, instead of one opting for a lawyer and the other choosing the do-it-yourself divorce.
  • None of the parties can be in military.
  • Both parties must not question any demands from the other party (uncontested divorce), and they both must agree to the terms set by each other.
  • The couple has no children, or if there are children, they should be of legal age and must not be connected with the case.
  • There are no additional charges filed such as debts, bankruptcy, physical abuse, mental abuse, or other.
  • Both parties must also be financially able to sustain themselves after the divorce so that there is no discussion about financial support to the other party, such as alimony.
  • No investment such as deposits, stock, retirement or pension options must be present for either party.
  • If the couple has common assets, they should reach an agreement as to the division of these assets.

DIY Divorce with a Lawyer

If you are considering getting a Pro Se divorce for financial reasons, but are unsure if you can handle your divorce properly without a legal counsel, then consider getting some help. For example, some law schools offer legal clinics, where upper level law students will assist one in preparing the forms and may review your initial paperwork to make sure everything is in place. That seems to be a new trend nowadays - the unbundling of legal services to make them more affordable.

There is also what’s known as a “quickie divorce”, which usually takes place outside the U.S., for example, in Mexico or the Dominican Republic, and can be finalized in about forty-eight hours. These are done, when the couple agrees on all terms of the divorce and wants the divorce quickly.

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