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Can divorce be done without a lawyer in the USA?
What can I say, I'm separated from my husband and have been putting off the divorce because I simply can't afford it (and yes, the entire bill's on me). Someone just told me I should look into divorce without a lawyer and this is one of those duh moments - why didn't I think of that?
So I'm reading up on it and figured I may as well see what you guys can find me, too. Can it be done? If so, what are the requirements that need to be met? The pros and cons versus doing it with a lawyer? If state matters, we were married in New York, I've lived in Florida for the past year and a half so I'm considered a resident here. He's moved out of the country, but he still has his 2 year greencard so he's still considered a legal permanent resident.
Edited to add: We have no children.
So I'm reading up on it and figured I may as well see what you guys can find me, too. Can it be done? If so, what are the requirements that need to be met? The pros and cons versus doing it with a lawyer? If state matters, we were married in New York, I've lived in Florida for the past year and a half so I'm considered a resident here. He's moved out of the country, but he still has his 2 year greencard so he's still considered a legal permanent resident.
Edited to add: We have no children.
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| March 10, 2009 02:59 AM |
I was guided by the Nolo Press book, which provides the forms necessary and steps you through the process. It will also tell you the specific regs for your state. The full "divorce" bundle is less than $50, which is well worth the money in guidance. The website will even help you find a lawyer, if you decide that's where you want to go.
Good luck!
Source(s):
http://www.nolo.com/resource.cfm/catID/BC93B1DE-97D2-44DB-87F20B0350BA0643/...
| Asker's Rating: |
• Thank you to everyone who responded. :) And thank you @bbrookin for sharing your personal experience on the matter.
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Other Answers (3)
March 10, 2009 02:44 AM
In many states it is legal to get a divorce without representation. If you have limited or no assets and no children or dependents, it may the way to go as you'll save money in attorney and court costs. 1. Determine if you qualify for a no-fault divorce in your state by utilizing online resources such as divorcelawinfo.com or calling your county clerk's office. It's important to understand the law governing divorce in your area as it varies by state.
2. Pick up the forms you will need from your local state courthouse or clerk's office. You can find state-specific forms online as well to download for free on websites such as family.findlaw.com.
3. Fill out the forms completely with all required information pertaining to your divorce. Follow the directions closely. These should be fairly simple if you have limited assets to split or have already arranged how they will be divided.
4. Sign the forms and have your spouse sign them as well. In some states they are required to be notarized (this can be done at your bank or many Post Offices).
5. Deliver the completed forms and any required fees to the organization in your state that will be handling your divorce. This information should be included on the instructions for filing.
Source(s):
http://www.ehow.com/how_2052897_get-divorce-lawyer.html?ref=fuel&utm_so...
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March 10, 2009 02:45 AM
Yes, it can be done without a lawyer. According to this Ezine article, "There is now available a method to deal with a divorce without a lawyer or an attorney. Known as the Pro Se divorce, or more popularly as the do it yourself divorce, it entitles both the parties filing the divorce papers themselves. However, Pro Se divorce can be filed only under certain conditions and might not be the best option for many." The videos should help you with the process of the Pro Se Divorce.
Source(s):
http://ezinearticles.com/?Divorce-Without-A-Lawyer&id=222212
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March 10, 2009 02:56 AM
Others have said "yes"... add my voice to the fact that you can get a divorce without a lawyer. As a therapist, I've come to appreciate mediation for divorce. You can find a mediation service that might be a better solution.
Also, my clients continue to reinforce that the job of a lawyer is to get you everything at any cost. That's what you've hired them to do. So lawyers have no problems cutting your ex to shreds and beyond. Even if you're angry, you might regret that kind of decision.
Lawyers are also very expensive...
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