Divorce can be quite a lengthy, expensive and complicated process depending on your case’s complexities. In contrast, it can take less time and money if both of you don’t have any complaints against each other.
You may also not require the help of a lawyer. Now the question arises, “How to get a divorce without a lawyer?”, “is it even possible to get a divorce without a lawyer?”
Yes, why not!! You can get a divorce without a lawyer. But for that, you both need to agree with full consent and have to do some research and paperwork, as we all know, how court cases are and how a slight mistake can ruin the entire chance.
And something like divorce is a complex topic, specifically, if children, property distribution, or other essential things are included are handled that too without a lawyer.
So to avoid such problems, you must know the exact steps of getting a divorce without a lawyer. Continue reading to get the correct answer.
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How to Get a Divorce Without a Lawyer?
Divorce is such a part of our life that we never want it to happen with us, even in our wildest dreams. Because obviously, no one gets married to get separated, Right!!!
We ultimately all get married with the hope to stay together, support, and stand by each other in both sorrows and happiness for the entire life. The mere thought of it is even enough to get goosebumps.
But when everything gets out of control, and there is no other way of staying together happily, then clearly, divorce is a must demand for a better future. No matter how painful or expensive it is.
Nowadays, many people don’t want to get married due to the fear of getting a divorce. Why? You will be surprised to know, but the answer is not only the pain, instead of the expense it comes with.
As along with getting one’s heartbroken, it comes with a significant expense and fees required for hiring a lawyer. And by considerable expense, it can even cost you a fortune if your case is way more complicated.
However, if both of you are willing to get a divorce after agreeing mutually on everything, it will undoubtedly cost you almost nothing.
The amount is so negligible as all you need to pay for is the things related to doing the court work, like the divorce filing cost, collecting the necessary documents required for finalizing the divorce, etc. In other words, there is no additional expense.
Hence, it can be the best decision to get a divorce without a lawyer, depending on your case complications. Because if there are complications and consent conflicts, then it may turn into a nightmare. And if there is also no complication, but you don’t know the correct procedure, it can also backfire at that time.
So, check out the below steps to get an apparent and correct concept of the procedure that you need to follow for getting a divorce without a lawyer:
Step 1: Talk with Your Spouse
The first and foremost thing that you must do is talking and discussing everything with your spouse. Then, if both of you think alike, you will certainly not need a lawyer for getting both of you divorced.
If you don’t agree with each other and have an opinion or any other conflicts, then there is no way that you can get a divorce without the help of a lawyer. Except for you can sort out the things between both of you.
Generally, while getting a divorce, it is expected that the couple will be on bad terms. But couples who want no complications and want to end on a happy note can only get the desired result that too much quickly compared to a contested divorce. That’s why these couples always remain on good terms.
They are also willing to compromise on some issues to maintain a happy relationship, at least until the end of the whole divorce procedure. These things play a vital role in keeping peace of mind in such a painful and stressful situation.
Step 2: Study the Pro Se Divorce Procedure Together
The Pro Se divorce means that you will be a representative of your divorce case. In other words, you will be representing yourself in court instead of a lawyer.
The entire divorce procedure is the same, except that you will be doing and held responsible for all the things like completing, filing legal documents, collecting, and submitting all the necessary forms all by yourself.
Meaning you do the things solely that a lawyer would have been doing on your behalf. It also works equally in an uncontested divorce and is much smoother if no children or assets are involved.
If you have children, a Pro Se divorce is still applicable as long as you both agree on the child custody and support. And for asset distribution, you can sort out the things among yourselves. If you need to work on the details or interact much due to these distributions, do it with a great hand as no one knows more than you know about your properties.
Only precise and effective interaction and a desire to compromise is the most vital thing for getting the ultimate success of this method. These rules apply to all things in case you want to sort them out by maintaining peace.
Step 3: Written Agreement
Once both of you have talked and studied, the next thing you require to do is to agree on each other’s terms and conditions. By agreeing, it doesn’t mean that you have to agree orally. Instead, have to make a written contract mutually containing the distribution of properties, spousal maintenance, child support, and other varied considerations.
While making these agreements, things may get warmed up as all these things are critical and related both emotionally and financially. So naturally, both of you may get in a conflict while deciding these things.
Though this process is complicated, it is still possible as long as there is a give-and-take relationship from both sides. Remember, to get something, you also need to lose something. So the moral of the story is both of you have to be considerate enough to pass these steps successfully.
Hence, try to handle and sort out all these things by keeping calm. Otherwise, both of your decisions to get a divorce without a lawyer will get in vain as situations may worsen.
And making a written agreement is a must so that anyone cannot get back on their words in the future. Moreover, it will prove all the terms and conditions decided between both of you mutually.
Step 4: Do the Paperwork
The next step of yours is to start the divorce procedure officially by filing the paperwork. First, of course, you must understand each piece of paperwork as you need to fill them all correctly. This step is very crucial as any small mistake in this paperwork can delay the whole divorce procedure.
You will require a summons, divorce appeal, and a divorce decree to initiate the procedures. Besides these, you may also need to do extra paperwork, depending on the law of your state. Among these 3, the divorce appeal is the essential one, as here you will have to include that you meet all the requirements.
Furthermore, you have to detail your wedding date, divorce grounds, children (if any from this marriage), assets distribution, debts (if any), and legal appeal for a divorce. Hence do these steps with a focused mind so there remains no chance of any slight errors and the process gets faster.
Step 5: Never Be Absent During a Divorce Hearing
After all these steps successfully, you will have scheduled court hearing dates where you and your spouse will meet with the judge in a courtroom. Before meeting with the judge, make sure that you have filled the divorce decree correctly in full with no mistakes.
In case of a contested divorce, the judge will take time and hear both sides about the terms and conditions. It is done to ensure that both of you agree on all assignments. So if anyone has any disagreement, you can say at that time in front of the judge why you think you deserve more.
Still, the best way is to solve the disagreements between yourselves, as dragging it to the court will delay the process. Hence, meet with your spouse and try to sort out these things before appearing in court.
Step 6: File Divorce Decree
After the court hearing, you will get the court’s verdict in the form of a divorce decree. It will contain the detail of asset distribution, child custody and support, and any allowance or maintenance expense that needs to be bear and paid in time.
In case of uncontested divorce, the decree is usually signed off by the judge based on your mutual agreement. Once you get the order, the final step is to file for making the divorce official.
Step 7: Follow the Clauses of Divorce Decree
Once the divorce is confirmed, the next and final step you require to do is to follow your divorce decree clauses. Think with a straight mind:
If you can deal with the whole divorce procedure alone without a divorce but don’t follow the clauses of your divorce decree strictly, then certainly you will get punished. Such as you have stopped paying the maintenance cost, child support, or didn’t divide the properties as agreed upon without any reason, then you are bound to get involved again that too legally. As in case you violate the rights, the other person will get the full power to take legal action against you at any time.
Hence, you must think about your ability to follow all these things properly before agreeing and making the contract. Once your divorce is finalized, there is no turning back. All the clauses will become non-negotiable.
Divorce requires a lawyer, depending on your case complexities. Like a bad relationship exists between you and your spouse or specific things you both don’t agree upon. It is known as a contested divorce. This type of divorce can get complicated, and thus, a lawyer is a must for solving these cases.
But if you and your spouse are on good terms and want to end it peacefully by agreeing and compromising mutually, then you can get a divorce without a lawyer.
Hence, if you are confident enough, then follow the above seven steps of “How to get a divorce without a lawyer” as instructed. Following these steps will undoubtedly help your divorce procedure get smoother and faster by saving a lot of your money and hassles.