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Do It Yourself Divorce
or Divorce Lawyer, You Decide...

  

Do It Yourself Divorce or Divorce Lawyer, You Decide...When faced with a divorce, one of the first things you and your spouse should determine is, what type of divorce, you are gong to have.

Once you have settled that issue, you can then determine if you qualify for self-representation or if you need a divorce lawyer.

The legal term for self-representation or do it yourself divorce, is Pro Se.

You may be asking yourself critical questions such as, “Do I absolutely need a divorce lawyer for my case?

Can I forgo a divorce lawyer and instead perform a do it yourself divorce?

It goes without saying, if you are able to work things out with your spouse, a do it yourself divorce will save the both of you: money, time and heartache.

 

What is a Pro Se Divorce?
A Pro Se divorce means that you are representing yourself in divorce court, rather than having a divorce lawyer represent you. By law, you must follow the same procedures as an attorney. be advised: some states and judges are adverse to self-representation. Other states have Pro Se seminars and provide books to help individuals perform a Do It Yourself Divorce.


The following are general guidelines about the safest situations in which to go Pro Se. Please note: these are general guidelines and may not apply in your particular case.

Do It Yourself Divorce

  1. You’ve had a short lived to relatively short lived marital union in which you have no minor children together and have accumulated no property or assets to speak of. In addition, neither spouse is contesting the divorce. If so, you most likely qualify for a do it yourself divorce.

Do It Yourself Divorce

  1. You have no children together and both marital partners are in absolute agreement on how to divide and/or settle all property, assets and support issues. If so, you most likely qualify for a do it yourself divorce.

Do It Yourself Divorce

  1. You’ve had a short lived to relatively short lived marital union, in which the both of you earned comparable salaries, have no minor children together, and have accumulated no assets or property to speak of. If so, you most likely qualify for a do it yourself divorce.

Do It Yourself Divorce

  1. You’ve had a short lived to relatively short lived marital union, in which you have no minor children together. Neither partner worked steadily or earns much money and you have accumulated no property to speak of. If so, you most likely qualify for a do it yourself divorce.

Do It Yourself Divorce

  1. A marital union in which neither partner works steadily or earns much income; you have accumulated no property or assets to speak of and both of you are exemplary, involved parents to your minor children together and each parent wants the other parent to stay very involved in the life of their child(ren). If so, you most likely qualify for a do it yourself divorce.

Do It Yourself Divorce

  1. A marriage in which both partners worked throughout the union, earned comparable salaries, have accumulated no property together to speak of, and where both partners are exemplary, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren).

Do It Yourself Divorce

  1. Any marriage in which the partners are aware of and able to agree on how to divide all property, assets and all support issues, their agreement provides adequately for the care of the children and reasonable visitation with the non-custodial parent and, probably, their agreement is not patently unfair in regard to financial matters.

There are some other exceptions that would exclude you from going through a do it yourself divorce.

  • There is an impending bankruptcy
  • There is a history of abuse or intimidation
  • There are retirement or pension plans, investments, or stock options involved
  • Either spouse is in active military service
  • The other spouse retained a divorce lawyer

These are general guidelines and represent the safest self representation cases. If your marital union fits into anyone of the aforementioned seven scenarios, you may most likely qualify for do it yourself divorce.  


Also see:  How To Determine If You Need a Divorce Lawyer

 

  

 
 

 

Divorce Court Attorneys provides free articles, sound bytes, opinions and information related to divorce. We cover virtually every aspect from, legal and financial to psychological and emotional.

Be advised, the information provided by Divorce Court Attorneys is general information related to divorce. Since every divorce is inherently different, for specific advice, we strongly admonish you to consult with a qualified divorce lawyer. Our website is in no shape, form or fashion designed to violate any local regulations or state laws regarding the practice of law. Remember, legal information is not legal advice.