Should you handle your own divorce? Nowadays, there are so many ways to do it, it might be tempting to brave your local courthouse without an attorney. You can, but you should consider some things before you do.
1. Do you and your spouse have anything to fight about? Especially in newer marriages, the couple may find that they have very little together. In these situations, they can pretty much take what they brought to the marriage and go their separate ways.
2. Can you reach an agreement? Sometimes, people know what they want to do about the things that can be disputed. If you and your spouse know where your kids should live, how they will be supported and how the non-custodial parent will have time with them, you may be able to handle your own divorce procedure.
If you can talk to each other, make sure you write down and both sign what you agree to do. That will eliminate confusion later. The judge isn't bound by your agreement, but a signed contract will show that you had both agreed to what was fair, and that what you agreed to made sense at the time. It might not even hurt to video tape your session so that the judge can see that you didn't bully your spouse into accepting less.
3. Even if you have a couple things to fight about, and your spouse isn't going to cooperate, you may still be able to represent yourself. If, for instance, your husband wants the old pick up truck, and you think you should have it, you might risk having the court award it to him. After all, the old truck is probably worth less than you would have to pay me or one of my colleagues to go after it.
Did your wife spend lots of money on a basket collection that you would like to sell to recoup your losses? Consider that second hand baskets aren't worth near what you paid for them originally, and ask yourself if you could get enough for them to justify the cost of a divorce lawyer.
There are plenty of places, both on and off line that can provide the forms you need to do your own divorce. More and more people are representing themselves in court, so the available documents are likely to be adequate to get the job done.
If, however, you disagree with your spouse about something important, it might be a good idea to hire an expert. We lawyers don't have a great reputation as a profession, but we have been trained to present evidence in the way the court likes to get it. If you feel your kids are better off with you, and your spouse does not agree, it will be important for you to make sure the judge understands your concerns. If you think your spouse is hiding money that you are entitled to share, a lawyer will know what documents you should use to prove your case. Finally, if your spouse agrees on everything and than hires someone, he / she may be up to something, and you'd better hire help.
Copyright (c) 2010 Lucille Uttermohlen
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