In certain circumstances, you can divorce your spouse without hiring and paying for a lawyer. In general, this process is known as a pro se divorce, or "in one's own name". It's just a matter of completing documents, filing them in court, and attending court, all of which can be done on your own. A "do-it-yourself" divorce isn't always wise, but it can be an option if the issue is money to pay for a lawyer and the divorce isn't too complicated.
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Part 1 of 4: Decide Whether You Should File for Divorce Yourself
Step 1. Discuss the divorce with your partner if possible
If both parties agree to the terms of the divorce, filing a divorce file yourself can be an option. However, discussing divorce in civil matters or reaching an agreement on all matters is not always possible, especially if you have children together. If you don't reach an agreement, you may need the help of a lawyer to protect your interests.
Step 2. Decide if pro se divorce is right for your circumstances
While some situations can be handled easily using this method, others can be too complex to handle prosely. In general, you are a good candidate for a pro se divorce if the following facts are true:
- Been married for a relatively short time.
- Not having children together, or both partners agreeing on any matters concerning the child, including custody, visitation time, and child support.
- Both partners do not have much money, joint property, or joint debt to share.
- Neither of them owns stocks, bonds, or other significant forms of investment.
- You do not suspect your spouse of hiding any financial assets and do not declare bankruptcy.
- Both are not members of the United States military.
- Not a victim of domestic violence.
- Not requesting that the spouse pay a sum of money, or the spouse's alimony.
Step 3. Check if there is a major problem
When talking to your partner, discuss all issues related to divorce to ensure agreement on each issue. Issues to discuss, which may vary depending on the circumstances of each couple, may include:
- Distribution of property, including property, bank accounts, vehicles and any personal possessions
- Debt sharing, such as mortgages, auto loans, education loans, and credit card bills
- How to remove the name of one spouse (husband/wife) from joint assets and debts, such as joint mortgages, property certificates, credit and motor vehicle ownership, bank accounts, and credit card accounts
- Custody, visit time, child support, health insurance coverage for any child
- Alimentation or spousal alimony that will be paid from one party to the other after the divorce
- Return of the maiden name or the name of the woman before marriage
Step 4. Decide if you want or need help
In general, getting help during the divorce process will be very beneficial, even if you can apply for it yourself and you may choose not to hire a lawyer to represent the divorce. Here are some ways to make sure the divorce proceedings are completed correctly.
- In some states, lawyers can be hired to file divorce papers and provide some advice at a much lower cost. This is a good way to double-check the completeness of the file and get questions answered.
- You and your partner can meet with a mediator, or a neutral third party trained in handling disputes, to ensure an agreement is reached on all issues relating to divorce. Many states make this a condition for divorce proceedings
- In some states there is a legal document preparer (LDP), which is a board that offers services to file complete legal documents. Although it cannot provide advice regarding divorce, LDP can ensure that the files submitted are complete.
Part 2 of 4: File the Right Documents
Step 1. Visit the court clerk's office in your area of residence
The court clerk's office may be able to verify that the documents and forms submitted are correct, as well as answer questions about the divorce process. However, the clerk's office was unable to provide legal information.
Step 2. Get the forms needed to file for divorce
Some states or states have websites with links to the forms required to file for divorce. Some registrar's offices provide forms for personal collection, or can be sent by mail. These forms contain legal language with fields to fill in the details of self and partner data. Each state requires certain forms, and some states require forms that are not required by other states. The forms that are generally required are:
- Divorce Application Letter – This document contains an application to the court to grant a divorce.
- Summons Warrant – This form directs the police or local police deputies to contact and inform the plaintiff filing for divorce which the defendant must respond to.
- Financial Certificate – Both spouses are required to fully disclose their respective financial situation on this form
- Notice of Trial – This form is submitted so that the court can set a trial date.
- Settlement/Payment Agreement Letter – This form can be submitted to the court if both agree on the issue of divorce.
- Divorce Verdict – This is the document that the judge will sign to officially grant the divorce.
Step 3. File the required forms through the clerk's office
This is the first step in filing a divorce application with the court. The clerk's office will require the submission of a number of copies of the document, including the original. Check with the clerk's office in advance to determine how many copies are needed.
Many states require plaintiffs to be residents of that state and/or territory for a certain period of time, in order to be eligible to file for divorce. Check with the clerk's office for state-mandated eligibility requirements, or search the internet
Step 4. Pay court filing fees
All courts charge a fee for filing for divorce, the amount varies from state to state. In most jurisdictions, the cost of filing for divorce ranges from $100.00 to $300.00 (Rp1,300,000 to Rp4,100,000).
If you can't afford the court fees, you can ask the court to waive the normal fees for filing a divorce. In many states, if income is below federal poverty guidelines or if eligible for public assistance, applicants can fill out the form pauperis (IFP) or fee waiver form from the clerk's office. This form submits a fee waiver application to the court. The court may reject or grant the request, depending on local court practice and individual circumstances
Step 5. Always keep copies of all documents
Whenever complete documents are submitted, always keep a copy stamped by the clerk's office for your records. That way, there is evidence that the documents have been submitted, and keep a copy in case the original is lost.
Step 6. Stay organized
In addition to keeping copies of all files, be sure to sort and store them in a safe place. In addition, keep the payment receipts, all signed documents, and explanatory information provided by the clerk's office.
Part 3 of 4: Attend the Court
Step 1. Accept the trial date
You will be notified of the date and time of the hearing by mail. The divorce case will be kept in court for the next few months. However, not all states require a trial. To find out which states require it, click here
There are different types of hearings that will be scheduled in divorce cases, depending on state regulations or local court practices. For example, an emergency hearing or pre-trial can be held, which deals with temporary orders, usually dealing with cases of children and ownership of houses and vehicles at the time of marriage, while the divorce process continues. In addition, there is also a final divorce trial, at this stage the divorce application is likely to be granted. Other states and courts may require additional hearings if necessary
Step 2. Get ready
Bring all the necessary documents on the date of the hearing if you must attend. This includes signed files and other necessary documents. Even amicable divorce proceedings can take months, so don't slow down the process by delaying the trial date due to inaccurate information.
Step 3. Dress appropriately
Remember that the courtroom is an official place and the judge's decision cannot be changed. Therefore, dress in a respectable style to represent yourself.
Step 4. Know what you want
If both parties have decided to divorce amicably and are present at the trial, it is likely that the judge will only grant what each party asks for, especially if there is no case regarding children. However, if there is disagreement or disagreement between the two parties, the judge may order mediation before the case is proceeded.
Step 5. Attend the trial
Remember that whatever decision is handed down in court is absolute. You can not come back later and change the agreement that has been agreed.
Part 4 of 4: Resolve the Divorce
Step 1. Meet all divorce and court requirements for divorce
The entire process can take months to complete. It is important to understand where the case is and what is needed to help the process work. The court may be waiting for the action of the parties involved, so it is best to follow the progress of the divorce process so that it can be completed in a not too long time.
- Many states have a waiting period before a divorce is granted. This waiting period is a minimum of 60 days and a maximum of 6 months.
- If both parties have joint minors, state regulations or local courts may require both parties to attend parenting classes for divorced or separated parents. Taking this class will include paying a small fee, ranging from $20 (Rp.275,000) to $30 (Rp.415,000). Some courts will not grant a divorce application if both parties do not attend class as ordered.
- Some courts will not grant a divorce application if the woman is pregnant. Depending on state law, the woman must first give birth and prove that the child is not a descendant of her husband before the divorce application is granted.
Step 2. Get a copy of the divorce certificate
Get a certified copy of the divorce certificate from the clerk's office or court administrator's office. A copy of the divorce certificate is needed for many things in the future, such as buying a house or remarrying, so be sure to get a certified copy and keep it in a safe place. This copy is also required to legally change the name, if the application for divorce is granted with the right to return the maiden name or the name before marriage.
Step 3. Follow all court guidelines
Whatever the judge's decision, you must follow it. Be sure to comply with the judge's decision to avoid possible legal or financial consequences.
Warning
- All states have different requirements for processing divorce, so it's important to know what the specific state requirements are, before applying for divorce.
- Hiring a lawyer is a must if the couple does the same.
- Hire an attorney if you feel the court is tough enough for a pro se divorce or you have been treated unfairly.
