Options For Filing Divorce Papers
Traditionally, filing divorce papers meant that each spouse hired an attorney to prepare and file the divorce documents. This is still a very popular method of divorce, but divorcing couples have other options as well.
Filing divorce papers typically involves preparing legal documents and submitting them at the courthouse. For many couples, this is done through their divorce attorneys.
Hiring two attorneys and paying the fees for preparing divorce documents and filing them can be expensive. Some newer options have emerged.
A slight change to the traditional method is for the couple to use only one attorney. Couples who agree to the terms of the divorce may decide that one spouse will hire an attorney to prepare the paperwork as agreed upon. Then, both divorcing spouses sign the papers.
There is a disadvantage to using only one attorney. The party that is not represented by the attorney does not have the benefit of having legal counsel about the terms of the divorce. Even thought the terms have been agreed upon, the unrepresented party may not realize a potential loss or problem that their lawyer may have brought to their attention.
Manuals for preparing your own divorce papers and filing divorce papers have been written for each state. Some of the manuals include all the necessary paperwork.
A new method is through websites that offer to prepare the divorce paperwork for a fee. After submitting the information on the website, the divorcing couple receives the paperwork in the mail, signs the divorce agreement, and follows the instructions for filing divorce papers.
Preparing divorce papers yourself with the help of a book or through a website may not be possible in some circumstances. If custody of children is part of the divorce, the couple may have to go through at least one attorney. Using an attorney is often necessary if there is real estate involved.
If the couple cannot agree on the terms of the divorce, both divorcing spouses will probably need to hire attorneys. They may be able to avoid the need for a hearing, but one may be necessary if the couple cant agree on the division of the assets or on custody.
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