Divorce is a process that nobody should want or try to go through alone. You will always need someone there to support you, but the main choice for someone facing divorce should be whether they want legal support from a professional, or whether they think that they can handle their divorce forms themselves.
What’s important to remember is that getting divorced is not like it is in the movies: you don’t receive a petition for divorce through the post, sign it and send it off. If you have children, the amount of paperwork also multiplies significantly. From the notice of hearing to a settlement agreement, there is a fair amount of forms to be filled in.
Divorce Without an Attorney
Deciding not to hire a professional means that you will be tackling a large amount of paperwork yourself. If you’re under a lot of emotional stress or distress then it’s advised you don’t try to handle this yourself and hire an attorney. On the other hand, if your stress is being caused by financial difficulties then a ‘DIY divorce’ can make huge savings from legal fees.
A good idea may be to have a one off consultation with an attorney just to gain some preliminary advice on handling your own divorce. Perhaps ask for some book recommendations and some sample forms. Alternatively you can contact your local council or county clerk and ask if they have any forms you can make copies of, or perhaps download. Divorce kits are widely available and easily found in most office supply stores across the US and also on various websites, but you should always purchase a divorce kit/set of forms that is relevant to your specific state. They should include all of the forms that you need to file your own divorce, including:
* settlement agreement
* divorce judgment/decree
* petition for divorce
* answer and affidavit
* financial affidavit
* notice of hearing
* certificate of corroborating witness
Divorce With an Attorney
Hiring a professional attorney to help with your divorce forms makes the whole process a lot easier and less stressful, and yet at the same time it can be more-so because of high attorney fees. If you’re working on a budget (which many people are, during a divorce) then don’t just go for the first attorney you find; have a look around and try and get advice from people you know who have been divorced.
There is always the option of going for part-representation instead of full-representation, where an attorney will take care of just a couple of the more tricky details rather than the whole package. This might be working with you to complete the divorce forms themselves, representing you in a court hearing, or giving advice on complex issues such as sole custody or child support.
Whether you choose to hire an attorney or not, both ways of approaching divorce paperwork have their advantages. Like a lot of legal processes, the choice rests mainly on your financial situation, and whether you need to keep to a tight budget or can afford to hire legal representation.