The process of divorcing or separating from your spouse is not easy. It involves many hard-to-answer questions. You can avoid many problems by choosing online Do It Yourself divorce services. Online Do It Yourself (DIY) divorce allows couples to prepare all the needed papers affordably. But before you start the divorce process, there are some things you should understand.
What is DIY Divorce?
Do it yourself (DIY) divorce is an alternative to hiring a divorce lawyer to prepare for marriage dissolution, saving people thousands of dollars on attorney fees.
DIY divorce assumes that one of the spouses (the plaintiff) independently selects all the necessary forms, fills them out in accordance with the requirements of the state, and then files them with the court. All this happens without the help of a lawyer.
A DIY divorce can be organized when the dissolution of the marriage is uncontested. To do this, the spouses will have to resolve all controversial issues, including custody of children, division of common property, and alimony.
Do-it-yourself divorce is convenient because it allows you to significantly save on the services of lawyers. However, this increases the risk of making mistakes when filling out forms. Incorrect paperwork will lead to rejection by the court.
What is an Online Divorce?
Online Divorce is a web service such as onlinearkansasdivorce.com that helps spouses fill out court-required forms. It is also known as Divorce Over the Internet, although it does not provide a divorce decree — only a judge can do that. The whole purpose of such an Internet resource is to choose the necessary forms depending on the couple’s circumstances and fill them out based on the information provided by the spouses.
It is an entirely legal way to conveniently prepare the documents for divorce, although many of these websites do not provide legal advice. Spouses do not need to fill out anything on their own. All they have to do is provide some information about their marriage. Based on this, the system will automatically select and fill out the forms. It is a great assistant for DIY divorce.
The price of online divorce is significantly lower than the services of lawyers while still getting high-quality. In just two business days, the spouses will receive ready-made forms with instructions that will help them submit the documents to court on their own.
Procedure for Filing DIY Divorce
A DIY divorce is only allowed for an uncontested divorce. An uncontested divorce occurs when the contesting couples settle all major issues, including spousal support and child custody.
If you have not resolved the major issues affecting your marriage, you are dealing with a contested divorce. A contested divorce requires the services of a divorce lawyer.
Here are the steps to follow when filing an uncontested divorce the DIY way.
Step 1: Know where to file the divorce. Ask your county clerk if you are not sure.
Step 2: Make sure you meet all the residency requirements of your state. Most states require residency for 6 months, while others require up to one year. Some also require you to live separate and apart for at least one year.
Step 3: Prepare all the needed divorce forms. You can do it with the help of online divorce.
Step 4: Sign the complaint or petition. A notary public must be present during the signing.
Step 5: Make copies of all documents. Keep one copy for yourself, one for your spouse, and one for the court.
Step 7: Take the forms to your county clerk. Pay the necessary filing fee.
Step 8: At this stage, the county clerk will stamp every copy and keep the original forms for the court. You will have to take one copy to your spouse. If that is not possible, use the services of a sheriff, licensed process server, or a constable. The service requirements may differ from one state to the next.
Step 9: Work with your spouse to prepare a settlement agreement after filing out the court papers. The final divorce papers must include the agreement. Remember to sign the agreement in the company of a notary.
Step 10: Fill out any remaining divorce documents. The documents may include financial statements, divorce decree, non-military affidavit, a notice of hearing, child support worksheet, or a request to set the case hearing date. You will have to notarize most of the forms.
Step 11: The court will notify you after the case hearing date is set. You will have to be at the courthouse at the specified time and date. The court will have to confirm that you and your spouse understand what you have agreed to. They must also ascertain that no one is under the influence of alcohol or drugs. If everything goes well, the judge will grant the divorce on that day.
Step 12: Get the judgment copies from the clerk’s office. Alternatively, you can get the divorce decree and make copies.
While DIY divorce allows you to avoid expensive attorneys, problems may arise and force you to hire an attorney. For example, you might require legal counsel in areas like community property and child custody. You should not see that as a negative thing. View it as an opportunity to ensure that the wishes of each party are accurately and fairly outlined.