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Should You Handle the Divorce Yourself or Seek Divorce Help?
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By: XSTILLA.COM
If you’re considering divorcing yourself, you may be wondering if you need help or whether you can do it without the help of competent legal counsel. The answer is, it depends on you and your individual circumstances.
You see, no two divorces are the same. In some, the issues are pretty clear cut and in others, there are are a wide variety of factors including the division of assets, alimony, child support, etc. Plus, it gets more complicated because different states have different laws and if you are not knowledgeable about the laws and changes of your state, you can miss important information that might be vital to your divorce case. In addition, during a divorce, emotions are often running extra high and it not unusual to overlook the most seemingly important of aspects.
So, what type of divorce help is available if you decide not to divorce yourself? You could seek the aid of a competent attorney or a divorce mediator. With a divorce attorney, he’ll offer you legal advice and aid you through the legal process. In contrast, a divorce mediator, isn't permitted to advise either party as to what they should do as he is a neutral third party and works with you and your spouse to devise a mutually beneficial divorce solution.
Here are some basic guidelines to follow when trying to decide if you need divorce help or if your divorce will be simple enough to handle on your own:
- Both partners in the marriage worked throughout their relationship, have comparable salaries, have no minor children, and no accumulated property or assets. This is an ideal situation to be in if you want to handle the marriage yourself, however this situation is quite rare.
- Neither partner worked steadily throughout the marriage, there are no minor children and no property or assets to split.
- The marriage was brief, there are no children, property, or assets.
- Both partners earn comparable amounts of money and have agreed on child custody issues.
- There are no children involved and both partners have agreed on how to divide their shared assets.
Alternately, here are some instances where self-representation may not be wise, or even possible and when divorce help is needed:
- If either of the partners has a criminal record or has been accused of crimes such as domestic, physical, sexual, or child abuse.
- If either of the partners has a mental impairment or has a history of substance abuse.
- If the couple is on the verge of bankruptcy or having financial difficulties.
- If one partner owns their own business.
- If there are child custody issues, or if one partner has threatened to take the children, or other important issues causing hostility or disagreements.
As far as paperwork is concerned, a legal professional will be able to ensure that all of the proper documents are filed with the court and in order. However, it is possible to handle this yourself, provided you know which documents you will need, and when they'll need to be filed.
The basic forms needed for a "do-it-yourself" divorce include:
- Original Petition for Divorce: The Petition for Divorce is what gives the court the jurisdiction over your divorce in order to grant it final.
- Financial Affidavit: This document is needed for putting forth any financial agreements before the court.
- Notice of Hearing: The date will be set by the court as to when the judge will hear your case, if necessary, and the Notice of Hearing will be filed.
- Certificate of Corroborating Witness: This is necessary to prove that you both have lived in your state of residence long enough in order to qualify for a divorce there.
- Settlement Agreement: This official document outlines the terms and conditions of the divorce.
- Divorce Decree: Also called Divorce Judgment, this document is signed by the judge to finalize the divorce.
In conclusion, you may be able to divorce yourself however; in some instances it may be advisable to seek qualified divorce help. The key to knowing whether you need divorce help is to carefully evaluate your specific situation and make an informed decision. Either way, you can and will get through the divorce process.
Good luck!
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