how to get divorced without attorney

How To File for a Divorce Without a Lawyer To file for a divorce without a lawyer, you will have to fill out the divorce forms, such as the petition for divorce and the divorce settlement agreement. Most states offer uncontested divorce forms that you can download or get in your country courthouse.

Full Answer

How to get an uncontested divorce without a lawyer?

• Your spouse will receive a summons with a date to respond.
• If they do not respond, you can apply at the High Court, to add it to the roll.
• The court will decide on your behalf and end your marriage.

Can you get an uncontested divorce without a lawyer?

Uncontested divorce without a lawyer has never been so simple as it is using our online document preparation service. Take our simple questionnaire. Divorce forms are custom generated for you to print out, or we will mail them to you. File the documents with your local court clerk.

How do you file for divorce without a lawyer?

Part 2 Part 2 of 4: Filing the Appropriate Paperwork Download Article

1. Visit the court clerk’s office in the county in which you live. ...
2. Obtain the forms necessary to file for divorce. Some states or counties have websites with links to the forms you need to file for divorce.
3. File the necessary forms with the clerk’s office. ...
4. Pay the court’s filing fee. ...
5. Always keep copies of all documents. ...
6. Stay organized. ...

Can I get my divorce myself without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney. However before you commence a do-it-yourself (DIY) divorce, consider these tips. You're a Good Candidate If … you and your spouse are in agreement on all issues ( division of property, custody, and support);

What does it cost to file for divorce in Kansas?

approximately $200The filing fee to initiate a divorce proceeding in Kansas is approximately $200. There is an additional fee for serving papers on the other spouse if they choose not to cooperate. A family law attorney will often charge anywhere from $300 to $400 an hour depending on the attorney.

How do I get an emergency divorce in Kansas?

Requesting an Emergency Divorce in Kansas To request an emergency divorce, you must either include it in your initial petition or file a separate motion. In your petition or motion, you must explain the emergency and provide relevant evidence to back up your allegations.

How do I file for divorce in Florida for free?

You shouldn't pay anyone (not even a low cost divorce firm) for basic Florida divorce information. The Florida Supreme Court will provide all legal forms to you for free. Most family law forms can be found online if you have the time, energy and inner fortitude to search for divorce forms online.

How do I get a free divorce in Tennessee?

Free Divorce Forms for Couples with NO ChildrenBoth spouses must agree on all parts of the divorce.You and your spouse need to agree that you have “irreconcilable differences”One or both of you must have lived in Tennessee for the last six months or when the decision to divorce was made.More items...•

How long does a divorce in Kansas take?

30 to 90 daysHow long does it take to get a divorce in Kansas? After filing the paperwork with the court, an uncontested divorce will take anywhere from 30 to 90 days to be finalized. The actual time will depend on the caseload of the court and the availability of judges to sign a final Decree of Divorce.

Can you get a divorce without the other person signing in Kansas?

Divorce Requirements in Kansas Spouses who seek an uncontested divorce must also agree on the divorce "grounds" or legal reason for divorce. Kansas recognizes both fault and no-fault grounds. Specifically, you can file for a "no-fault" divorce based on incompatibility, meaning that you and your spouse don't get along.

How much is a simple divorce in Florida?

After your spouse has read the information and all of your forms are complete, both you and your spouse can file for the simplified divorce and pay the required filing fee. It costs $409.00 to file your petition but you may qualify for a payment plan if you are indigent.

Can I file for a divorce myself in Florida?

In Florida, the law does not allow you to complete the service on your own. You are required to hire someone to serve divorce papers. This can be either a sheriff or a process server, and the fees for their services will vary depending on the county.

How can I get a quick divorce in Florida?

Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.

Can I file my own divorce in Tennessee?

In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.

How long does a divorce take in TN?

two months to six monthsHow Long Does it Take to Get a Divorce in Tennessee? In Tennessee, most divorces last two months to six months. But it could take 18 months or two years if the divorce is hotly contested or if the estate has complex assets which may need expert valuation. Divorce can take even longer in the rare case.

What is the waiting period for divorce in Tennessee?

Tennessee's divorce waiting period requires a minimum length of time from filing for divorce until the divorce can be granted: 60 days, but 90 days if the spouses have children. Some call this a cooling off period.

How long do you have to be separated before divorce in Kansas?

In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed.

What are the divorce laws in Kansas?

Kansas Divorce Laws: The BasicsCode SectionKansas Statutes 23-2701, et seq.: Dissolution of MarriageResidency RequirementsOne party must have been resident for 60 days before filing.Waiting PeriodHearing not for 60 days after filing (unless emergency).'No Fault' Grounds for DivorceIncompatibility .2 more rows•May 16, 2018

How do I get temporary custody in Kansas?

If you are seeking a temporary order for child custody, residency, or parenting time, Kansas law requires that a “parenting plan” be filed at the same time the request is made. This parenting plan must be served on the other parent at the same time the temporary orders are served.

How does alimony work in Kansas?

Duration of Alimony: In Kansas, spousal support cannot be awarded for longer than 121 months. However, the parties can agree to a longer term in a property settlement agreement if they chose. Court-ordered maintenance ends when either spouse dies or when the recipient spouse remarries.

What to do if you are divorced without an attorney?

Although counties and states differ, many County Clerks’ offices offer services regarding basic information required when filing a divorce without the use of an attorney.#N#Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).#N#If you need to find further information regarding the location of your local court, the hours of operation, and if there are any filing fees, your local clerk can also assist you.

What to do before divorce without a lawyer?

Before embarking on divorce proceedings without a lawyer, it is a good idea to consult with an accountant or financial advisor, or even tax preparer who can alert you to potential tax issues after a divorce. IRS is the official website where IRS officers offer free information about all tax issues pertaining to divorce.

What issues to consider when approaching divorce proceedings on your own?

Some issues to consider when approaching divorce proceedings on your own are: the division of property, spousal rights and child/visitation rights, pensions, and. marital homes. A state-by-state approach is also needed to ensure that you are following the correct laws.

What to consider when approaching divorce without a lawyer?

The first issue to consider when approaching divorce proceedings without a lawyer is whether you and your spouse are in agreement on all of the above issues (i.e. property, children, marital homes, etc.).

What happens when children are separated?

When children are at the center of the separation, divorce can become even more complicated. There are matters of children, assets, and the division of property to contend with. During this whirlwind of events, the stress can sometimes become too overwhelming.

What to do if you don't agree with your spouse?

If, after discussing all of the accounting and financial issues with your spouse, and you are completely comfortable with the decisions you’ve made together, you should also discuss the custody and support arrangements for your children . The goal is to make sure these arrangements are agreeable to all parties.

What is the legal process of divorce?

Legal Proceedings of a Divorce: The Division of Property. Regarding the division of property, courts will generally determine the division of property depending on the financial contributions made during the marriage, and concern for the future welfare of the children.

How to get a Legal Separation without a Lawyer?

If you are seeking a legal separation, then you should know the difference. Legal separation is not similar to divorce.

What to do if your spouse is not willing to file a divorce?

If any of the spouses are not willing, then you can hire an attorney. The attorney will notify your partner to submit documents and file your case in court.

Do I need a Lawyer for Legal Separation?

It’s true that you dont need a lawyer for legal separation. In a legal separation, all you have to do is submit legal separation forms and reach an agreement. All of this is only possible if you and your partners are separating on friendly terms.

How to get a notarized divorce?

Then, fill out paperwork containing a copy marriage certificate, separation agreement, signed divorce forms, a record of absolute divorce, financial statement, affidavit of irreversible divorce, and children’s custody.

What is the next step in divorce?

The next step is preparing an agreement with your spouse which contains all conditions and a divorce decree. Once the case is on the court’s calendar, the court will ask you and your spouse to summon at the courthouse.

What is a divorce lawyer?

A divorce lawyer is also called a family lawyer and divorce attorney. Not only he specializes in civil laws but has the skill to control the process full of emotions.

What does a lawyer do?

Apart from filing petition and documents, he deals with advocates, legal research, knowledge on any latest changes in laws, and reading thoroughly agreements.

What is the main cause of divorce?

One spouse’s misconduct (such as an affair or losing a lot of money gambling) is a major cause of the divorce.

Can you transfer marital assets without the other person's consent?

Sign a written agreement with your spouse that neither of you will transfer, spend, waste or destroy any marital assets, or make any large expenditures or incur any debt without the other person’s consent while you are working on your divorce.

Do it yourself divorce?

If, after considering the above, you still think do-it-yourself divorce is the best option , you need to prepare. It’s great if you feel that your spouse is honest, but as the old Russian proverb says, “Trust, but verify.”

Do you need to depend on your spouse for financial support?

Neither you nor your spouse need to depend on the other for financial support.

What Makes People Want to Get Divorced?

Before we get started, it’s good to know why some people decide to get divorced. Perhaps one of these reasons relates to your situation. Additionally, you may not be able to get divorced without a lawyer if you’re separating on bad terms and can’t agree on settlements.

Requirements for Divorce without a Lawyer

Married couples in every US state can terminate their marriage through divorce. However, each state has specific requirements for the legal process. Before filing for divorce, make sure you are eligible to end your marriage. This is especially true if your marriage is new.

Ways You Can Get Divorced Without a Lawyer

If you’re filing for a no-fault or uncontested separation, it would be easier to divorce without a lawyer. This is because you won’t need a third party to assist you with legal matters. Here are three ways you can consider divorcing without lawyers.

How to Make Your Decision

Choosing a mediation divorce is wise if you and your partner are having disagreements about settlements. And going the DIY route is ideal if you and your partner file for a no-fault or uncontested divorce. If you want a quick and easy way to settle a divorce, you can complete the process through an online platform.

Final Thoughts

If you decide to get divorced without a lawyer, you must still consider all the costs involved. Naturally, the cheapest option would be to prepare your divorce papers yourself and file them to save on costs. You can also find free divorce papers online but ensure they are all correct before proceeding.

How to get an amicable divorce?

To get an amicable divorce, you and your spouse have to agree about how you will deal with each and every issue in your divorce. Then you have to write down all of the terms of your agreement in a form that the court will accept. Then you have to go through the court process, present your documents to the judge, get the judge to approve them, and finalize your divorce.

Why are divorce lawyers called counselors?

While divorce lawyers are not therapists, there is a reason why lawyers are called “counselors.” They can listen to your complaints, help you formulate your goals, and make a legal strategy that will help you achieve your goals in your case. If you are so upset, angry or emotional that you can’t move forward toward your goals productively, they can do it for you. But, when you have no lawyer, there’s no one there to catch you if you mis-step.

What happens if you don't give financial information to your spouse?

If someone isn’t willing to provide the financial information you need to understand what’s at stake in your case, you’re divorce is going to be an uphill battle. You can’t divide what you don’t know exists. To find out what exists from a spouse who isn’t willing to come clean with financial information, you need a divorce lawyer.

How does divorce affect your life?

Divorce touches upon every major area of your life. It profoundly affects your finances, your family, your lifestyle, your home, and your psyche. To get through your divorce well, even with a lawyer, requires you to have your head together (at least a little bit). When you don’t have a lawyer AND you’re an emotional wreck, you risk making a wreck of your life.

What do you need to know about your children after divorce?

If you have children, you are going to need a parenting plan and a parenting schedule. You will have to determine who will have legal custody of your children. (In Illinois, instead of “custody” you need to figure out who will make major decisions for your children post-divorce.) You also need to figure out where your children will live, and set some basic post-divorce parenting ground rules.

Can I get divorced without a lawyer?

If you and your spouse agree on everything in your divorce, then maybe you can manage to get divorced without a lawyer. (I say maybe because you still have to consider how complicated everything else is in your case. If you and your spouse are both multi-millionaires, and you own several businesses and multiple homes, you are going to need lawyers even if everything in your divorce is agreed!)

Do you have to figure out if you are entitled to spousal support?

The laws surrounding spousal support/maintenance/alimony are anything but clear. Not only do you have to figure out if you or your spouse will be entitled to receive support, but you also have to determine how much support will be paid, and how long it will last. Each one of those determinations requires you to thoroughly understand the divorce law in your state, and to know how the law will apply to the specific facts of your case.

What to do if you can't handle a divorce?

If you are not able to handle a do-it-yourself divorce where you file all the papers yourself, it is likely that there is a legal aid society in your area or a volunteer lawyers program through your local bar association.

How to proceed with divorce?

The simplest way to proceed is to file a settlement or appear in court and tell the judge together what your settlement is. Another option is to move ahead with the divorce as an uncontested procedure, where your ex does not even need to appear. The procedure will be relatively quick and you ...

How to get a divorce fee waived?

First, check online to find your local divorce or family court. Their website will likely have forms you can download or print. You will need to get the forms to file for divorce as well as the forms to ask for a fee waiver. Check to see if there is an instruction booklet as well which will guide you through the process.

What happens after you file a fee waiver?

After you file, your paperwork will be reviewed by a court employee or by the judge. A hearing may be necessary so the judge can ask you some questions. Your fee waiver may be approved or the court might decide to defer your fee, which means you can pay it later.

How to waive fees in divorce?

In order to have the fees in your divorce waived, you will need to prove to the court that you are indigent, or poor.

How long do married couples stay separated?

A recent study concluded that while the vast majority of married couples who separate will eventually divorce (within three years), approximately 15% remain separated indefinitely, even past the 10-year mark. Why would a couple choose to do this? Or, to put it another way, are there actually advantages to long-term separation over divorce? More on the Study's Findings

Do you need to disclose financial information to divorce court?

The forms will tell you exactly what documents the court needs. The good news is, you will need to gather this information anyhow, since everyone filing for divorce must provide financial disclosure to the court, so this is not really an extra step.