Divorce Without a Lawyer
Steps to obtain a divorce without a lawyer
- The plaintiff can procure the divorce papers from the County Court House, the Chancery Division
- The Court offers a packet of sample divorce papers
- The plaintiff has to type an original version with the relevant data
- Two copies should be made and both should be notarized
- Now, the papers can be filed in court
- It must be kept in mind that if the plaintiff and defendant reside in different counties, then the papers must be procured and filed in the defendant’s county
- A package comprising of a waiver, a response form, the financial and / or custodial terms and the complaint is served to the defendant
- For serving this package, the plaintiff may hire a professional processor or any unrelated individual more than 18 years of age
- The defendant accepts the terms and signs the waiver to a hearing if the divorce is mutual
- The defendant fills out the response, if he or she desires to oppose to terms and returns the package to the courthouse
- The plaintiff and defendant may remain present in the court and plead their case on the hearing date finalized by the court
- When there is a dispute regarding financial issues like joint property, alimony and child support, both the parties should carry with them financial documents related to joint contracts, liabilities and assets to the hearing
- The judge reviews these documents and delivers a settlement agreement
- If the party is not able to fill the divorce forms on their own, assistance can be taken of legal clinics in law schools. In these legal clinics, upper level law students help the parties in filling the forms. The parties can also procure legal advice from them. No amount is charged for these services, as the students are at an advantage of gaining experience
- Some multi-purpose agencies like immigration, notary and travel also assist in divorce related procedures. They have paralegal personnel in their staffs that help in filling of forms, filing of forms and serving the defendant. However, they cannot offer legal advice. Moreover, the divorce must not involve any joint process or any children. The court filing fee and some extra dollars are charged by these agencies
When to apply for a divorce without a lawyer?
- There is nil or very less property division
- There is no issue of child custody or child support
- The marriage is very short
- Overall, the divorce is a simple affair
Assistance
In order to assist individuals to obtain a divorce without hiring a lawyer, there are several kits and books available. It is advisable to contact the clerk’s office at the local court house and enquire if some resources can be recommended by them. One can also get the relevant information at the public library. One may ask the reference librarian which books should be read regarding his or her state of residence.
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