The easy availability of free divorce forms online can be be dangerous in terms of ensuring your do-it-yourself divorce goes smoothly.

Many if not most free divorce forms online are provided to lure visitors to websites in the hope that visitors will click on ads or pay for other products or services while at the site. That in itself is fine – many websites are supported by advertising revenue, and using free products to attract potential customers to paid-for products is an age-old marketing ploy.

The problem arises when potential revenue is the main focus and the lure – the free divorce forms and any instructions that may be on offer – are left to age, rarely if ever updated.

Of course, divorce forms are not subject to frequent change but a quick glance at the “last updated” information provided by trustworthy divorce form sites shows that they do change. Even if there has been just one change to the forms or instructions it is a change that matters.

Submit out-of-date divorce forms found free online and they will be rejected by the Court.

Another danger of free divorce forms online is the fact that they are so easily available – ready to download and print in an instant. Even at the best of times, divorce is an emotional process when intellects may not be running in full gear. It is all too easy to download, print and complete these forms without making sure they are the right divorce forms.

Not only may they be out of date but they may be the wrong divorce forms for your location and circumstances, or an insufficient set of forms. For example, if you live in Travis County, Texas you will need to meet a double set of residency standards and complete additional Travis County forms as well as Texas State divorce forms. With 50 States to deal with, you can be sure that not all free divorce form sites are doing a perfect job of delivering all you need.

So what happens if you download free divorce forms for Texas, complete and submit them, thinking your Petition is complete? Again, it will be rejected by the Court.

As well as the loss of time you are likely to lose your filing fee too, usually amounting to a few hundred dollars. Free divorce forms will not be so free after all.

There are many places where you can get do-it-yourself divorce forms, legally known as “per se” divorce forms. They are available online and off, free and paid, and in a variety of formats.

Here are the main options with some quick pros and cons. You can:

• Get free divorce forms online – forms to download, print out and fill-in-the-blanks the old-fashioned way. Free divorce forms typically do not include any assistance on choosing or completing the right forms.
• Get paid-for do-it-yourself divorce forms online, often called “divorce kits.” These are usually bundled with practical (non-legal) instructions to help you complete the forms.
• Get higher-end paid-for divorce forms online, provided in digital format so that you can complete and edit the forms on screen, save on your computer and print when you like. These can cost up to a few hundred dollars and often (but not always) provide helpful instructions too. The biggest benefit is the ability to easily edit and save your divorce forms until you get them right. They are also a more private option because the forms are stored on your computer.
• Get free divorce forms from your State, district or county court house. Divorce forms from your Courthouse are free. Many people are unaware of this, confusing the court’s filing fee (paid when you file for divorce) with a fee for the forms themselves. The forms themselves are free of charge. You can:
  • Get the divorce forms in person at the court house or by mail.
  • Download, save and print them from your State Court website.

When searching for do-it-yourself divorce forms online, narrow your search by including your State or County name.

Bear in mind that wherever you get your divorce forms, the actual forms will be the same. Divorce forms are standard legal documents, not open to improvement or alteration of any kind. This means one source’s do-it-yourself divorce forms cannot be “better” than another’s. Instead, the deciding factor on where you get your forms will be the appeal of any extras offered, such as guidance notes, digital format and so on.

That said, there is one possible difference – some forms may be outdated. Make sure you are get the latest versions, particularly if the divorce forms are free – one of three quick tips to make sure you get the right divorce forms for your do-it-yourself divorce.

Copyright 2009 Caroline Mackenzie
for DealWithDivorce.com

Do-it-yourself divorce forms (legally known as “per se” divorce forms) are widely available, online and off. However, there are divorce forms, and then there are… divorce forms.

As you will be investing time and emotion – and a filing fee of a few hundred dollars – into completing your divorce forms, you can’t afford to find out you have completed the wrong forms.

You need to make sure you get the right do-it-yourself divorce forms. This is a downside of divorcing without a lawyer – you need to identify the right forms yourself. However, getting the right forms is not at all difficult – you just need to be careful.

• Firstly, make sure you get divorce forms for the right State. Each State has certain residency requirements which determine if you are in fact eligible to file for divorce in that State. For most people this is unlikely to be an issue but don’t guess – double check your State’s residency requirements.
• Secondly, you need to get all the relevant divorce forms for your particular do-it-yourself divorce. Exactly which do-it-yourself divorce forms you need will depend on your personal circumstances. For instance, on whether or not you have children, what level of agreement (if any) you have reached with your spouse, and so on. Some States make it much clearer than others which divorce forms will apply to you, with user-friendly information. Others however are far less helpful, so make sure you read through all the options and descriptions of forms.
• Thirdly, make sure you get up-to-date versions of do-it-yourself divorce forms. Do-it-yourself divorces are so common now that many websites offer “free divorce forms” to lure visitors, Unfortunately, many neglect to update them. Make sure you download the latest do-it-yourself divorce forms. If you don’t see a “last updated” date, or some other guarantee to this effect, find the divorce forms you need elsewhere.

Once you have sourced all the correct forms for your do-it-yourself divorce, get organized.

• Draw up a master list of the forms you will be completing.
• If they are downloadable divorce forms, create a separate folder on your computer where you can save and find them easily.
• Get yourself an old-fashioned filing system for storing relevant documents and copies.

This will help protect against a form being overlooked because it is lost among unrelated items on your computer, or other papers on your desk.

Being organized will also help the task of completing your do-it-yourself divorce forms seem easier – more efficient, relaxed and under control.

Copyright 2009 Caroline Mackenzie
exclusively for DealWithDivorce.com

A Do-it-Yourself Divorce is a Cheap Divorce

One of the main advantages of divorcing without a lawyer is that it is the cheapest way to divorce, typically costing no more than a few hundred dollars for filing fees. In comparison, the average lawyer-managed divorce in America costs between $10,000 to $30,000, with attorney fees responsible for almost all the cost. In addition, whatever the estimated cost of a divorce every divorce has the built-in potential to cost much more than expected.

This means the cost advantage of divorcing without a lawyer is two fold. It is not only a cheap divorce, saving thousands in estimated costs. It can save thousands more in unexpected costs that you did not anticipate. By filing for divorce without a lawyer you will never know the true total saved. You will know that you have protected yourself from potentially ruinous unexpected divorce costs.

Low Risk of Conflict

Most often, unexpected divorce costs result from unexpected conflict. Make no mistake – with a little “help” from fee-hungry divorce lawyers even the most amicable divorce can quickly turn contentious. With divorce lawyers out of the picture, the potential for conflict is significantly reduced.

Of course you and your spouse may not immediately see eye to eye on every issue but you have an opportunity to reach a compromise at no cost at all. Even if you are not on the best of terms, there is a good chance your spouse will agree that it makes more sense to try and work together than lose the bulk of your savings and assets – not to mention your sanity – funding unnecessary conflict in a lawyer-managed divorce.

A Do-it-Yourself Divorce is Faster

With no conflict, divorce without a lawyer is typically much faster. If it is uncontested – you and your spouse have agreed on the details and arrangements in the do-it-yourself divorce forms – divorce will take only as long as your State’s statutory time scales. This is usually a matter of months from the date you filed from divorce.

Healthier for You

There is no doubt that a conflict-free divorce completed in the shortest possible time is a healthier divorce. Even the most amicable divorce takes an emotional toll. When there seems to be no end in sight, the stress of divorce can express itself physically too.

Better for Your Children

The speed of a do-it-yourself divorce is beneficial for children too – limiting the effects of divorce on children by bringing it to a conclusion as quickly as possible. Children are inevitably affected by the emotion and change surrounding divorce. The sooner the emotional atmosphere calms and new schedules and arrangements become familiar and routine, the better.

This particular advantage of divorcing without a lawyer may seem out of reach – people with children are typically advised not to divorce without a lawyer and in certain cases, quite rightly. However, if you and your spouse communicate reasonably well regarding your children, you can divorce without a lawyer. There are now many self-help divorce clinics to help the increasing number of people with children opting to divorce without a lawyer.

Expert Legal Advice is Available if You Need It

Divorce options are often presented in black and white. If entirely uncontested you can divorce without a lawyer. If not, you must get a lawyer to manage your entire divorce.

In practice, if there is a particular aspect of divorce that you or your spouse are concerned about there is no need to hand your entire divorce to a lawyer. You can seek independent legal advice on that issue alone and file for divorce without a lawyer. Lawyers are more flexible these days and have unbundled their services to provide expert advice on specific issues to people who are filing for divorce themselves. You can also take advantage of free legal advice available at self-help divorce clinics.

This means you can enjoy the best of both worlds – the advantages of divorce without a lawyer and the benefit of legal expertise if and when you need it, without losing control of your divorce.

Copyright 2009 Caroline Mackenzie
exclusively for DealWithDivorce.com

The answer is, yes, you can. There is no need to hire a lawyer to file for divorce. What’s more, the process of filing for divorce is simpler than most people imagine.

At the heart of the divorce process is a package of divorce forms to be completed and then filed with your County Court. Filing these forms officially sets the divorce in motion and provides the Family Law court with the information needed to process and finalize your divorce.

There is no legal requirement or need for the person who completes these divorce forms to be a divorce lawyer. They can be completed and filed by the person(s) seeking a divorce, without a lawyer. All the court is concerned with is that all the required forms are filed and have been completed correctly.

The exact divorce forms to be completed will vary from person to person, depending for instance on whether or not you have children. This is where divorcing without a lawyer has a drawback – you will need to identify and complete the correct divorce forms yourself. However, with a little online research and a few tips to make sure you get the right divorce forms this is not at all difficult.

You can easily get divorce forms online for every State. Search a little more and you can usually find them bundled with guidance on which forms apply in your case, full instructions and useful tips to help you ensure all is in order before you file.

There is no need to be a rocket scientist either – completing the forms simply requires patience and care, not a high IQ. Most divorce forms are relatively straightforward and written in plain English.

Once all the relevant divorce forms are completed you may need to sign them in front of a Notary Public (see your Yellow Pages) before you can go ahead and actually file for divorce.

“Filing for divorce” simply involves submitting your completed and notarized divorce forms to the Clerk of the District Court in your county. Again, this is something you can do without a lawyer. You will be charged a filing fee (usually a few hundred dollars, which a lawyer would have to pay too) and given a case number. Your divorce is now “in the system.”

The final step will be to notify your spouse that you have filed a Petition for Divorce. Of course many people who opt to divorce without a lawyer do so with the knowledge of their spouse. All the same, your spouse must be “officially” informed of your Petition for Divorce. For instance, by certified mail, service (delivery) by the Sheriff’s Office, or by your spouse filing a notarized receipt form with the Clerk’s Office.

If your spouse wishes to respond to your Petition, there are various forms that they can complete and file with the Clerk of Courts, usually referred to as “Response Forms.” These provide information from your spouse’s point of view regarding any details or arrangements in your Petition that they may disagree with or feel are incorrect.

Obviously it is a great advantage if you and your spouse have agreed in advance to (a) divorce without a lawyer and (b) basic terms that you are both happy with, to avoid unexpected responses or disagreements at this stage. If there is any chance that you and your spouse can work together, make the most of it.

Now that you know that you can divorce without a lawyer, the next question is should you? Is it a good idea in view of your particular circumstances?

Today, the answer to Do I need a divorce lawyer? is “No” for many people with all sorts of different circumstances.

Despite much advice to the contrary, you can file for divorce without a lawyer even if you have children and even if you have areas of disagreement or concern. With the increasing trend towards do-it-yourself divorces, many law firms and self-help divorce clinics are now set up to help you do just that.

The bottom line is, there are several advantages of divorcing without a lawyer – advantages for both of you – and very few reasons not to give this option serious consideration.

Copyright 2009 Caroline Mackenzie
exclusively for DealWithDivorce.com

Can you divorce without the hassle and expense of lawyers? Sure you can, and it’s becoming a more popular option every day among divorcing couples. Do it yourself divorce allows couples to dissolve their marriage conveniently, and with limited stress, assuming they can manage to amicably agree upon assets, child custody and support, and neither party contests the divorce. Do it yourself divorces often must be filed as no fault divorces as well, so that is another relevant consideration.

If you are considering a do it yourself divorce, be aware that you have a few options. First, you can simply access relevant paperwork at your local courthouse, fill it out, and file your do it yourself divorce yourself. If that seems a bit overwhelming, many online services offer assistance with do it yourself divorces. The assistance can range from simply providing appropriate forms for your state to allowing you to simply input information into an easy to use online form. The do it yourself divorce service then generates the forms appropriate for your state, as well as filing instructions.

Choose the divorce that is best for you, based on your financial needs, conditions of the dissolution of marriage, and circumstances. A do it yourself divorce may be a good solution if you have a simple and uncomplicated divorce. Do seek legal assistance if you have a more complicated divorce, if there is a history of abuse, or disagreement over financial or child custody issues.

Until fairly recently, a do it yourself divorce was considered risky and unconventional, with most people opting for the traditional route of a lawyer-managed divorce. Thanks to countless horror stories of amicable divorces ruined by lawyer-driven conflict, no-fault divorce laws and easy access to information online, that’s changed.

Today, many people prefer to file for divorce without a lawyer.

Can anyone opt for a do-it-yourself divorce?

Just about. A do-it-yourself divorce is particularly suited to couples who are prepared to work together fairly amicably to arrange division of property and child custody and support issues.

If there are complex financial arrangements, stubborn disagreements about children, or an inability to be plain civil with one another, a do it yourself divorce is probably a poor choice. If either spouse is in the military a do-it-yourself divorce is not out of the question but consultation with a lawyer is recommended first.

More moderate differences need not be an obstacle to a do-it-yourself divorce. If both of you agree on the advantages of divorcing without a lawyer, have some areas of agreement, and try hard (if not always successfully!) to be civil and work together, a do-it-yourself divorce is still a valid option.

However, if there is any history of abuse a do it yourself divorce is not an option. Abuse impacts a spectrum of circumstances in a marriage, creating a range of complexities and issues that can be difficult to foresee, understand or manage.

All you need to get started is to find out where you can get do-it-yourself divorce forms, get some tips on getting the right divorce forms, and take your pick.

On the one hand you can get the forms free with no frills. On the other, they are available as part of complete services and/or as part of programs that allow you to fill-in-the-blanks on your computer, save and edit as you like.

However you get your forms, completing them will be time-consuming but with the advantage that it’s your own time, not a lawyer’s time at $150 to $400 an hour.

I’m not saying that all divorce lawyers are looking to maximize their profit at your expense but it does happen. A couple years ago a friend of mine (I’ll call her Renee) was getting a divorce. Because her and her husband owned two investment properties they decided it was best to have lawyers. They managed to agree on division of the major assets. It wasn’t easy and there was some animosity generated between Renee and her husband. Then Renee’s lawyer brought up the TV.

The TV was a big plasma job but still just a TV and Renee had not been interested in it up until then. But her lawyer told her that there was no reason that hubby should have it and not her. Renee started to get upset, about a TV.

Luckily that was a Friday and Renee spent the weekend relaxing at her parent’s cottage. She calmed down. She realized that the TV issue was not about right and wrong as her lawyer had implied. It was about who cared and who didn’t. Renee decided, wisely in my opinion, that she simply didn’t care about the damn TV and wasn’t going to allow it to become a divisive issue. On Monday she told her lawyer this, firmly.

Now maybe Renee’s lawyer, a man, really believed that she should have that TV. Or maybe he just saw an opportunity to generate conflict, and billable hours. The point is that you need to have control during divorce proceedings. You need to know what is important to you and worth fighting for and what is just insignificant fluff.

If you and your spouse get along reasonably well consider a do it yourself divorce. If you can pull it off it means you don’t have to pay any legal fees beyond those charged by the state for forms and filing. It also means you eliminate any third party legal involvement that could muddy the waters and create conflict where none existed before.

Ideally, a do it yourself divorce is an uncontested divorce in which spouses are able to agree on all the issues including child custody and support, visitation rights and division of property. It may not be as difficult to agree on these things as you think. Make a list and then sit down quietly with your spouse and go through the list one item at a time. Be flexible, but don’t give away the farm. If you and your spouse can put aside your emotional baggage and concentrate on the real issues you may be able to ditch the lawyers and file a do it yourself divorce.