How do i just file for divorce papers, without needing a lawyer?
Sunday, May 16th, 2010 at
5:19 pm
i want a divorce but we cant afford.i want to know the cheapest way. and thats probably without a lawyer.i like in ohio. so does anyone know?
Tagged with: divorce • File • Just • lawyer • needing • papers • without
Filed under: Divorce Without a Lawyer
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You cannot afford to be with out a lawyer.
Paralegal
Just go to your nearest court house and file for divorce, the clerk will tell you what forms you need. You can always hire a Paralegal to help you at a fraction of the cost of an attorney and is just as good
go to your city hall and they should have a self help center for divorce.
Usually they have law students in there to help you fill out the paperwork.
Google your city hall website and search for divorce help. There should be a center for free help with it.
LegalZoom.com has all types of forms. you can also go to your local courthouse and get the divorce papers, then seek help from a paralegal to help deciper what the forms state. If this divorce is mutual and theres nothing to fight over like kids and home, then it will be simple and cheap, Here in ny the paper filing of a divorce was like 250bucks.
Good luck and Happy Divorce
Okay, every county in each state have a divorce packet which can be picked up at the county courthouse. In addition, some counties offer classes which help walk you through filling out the paperwork, serving the papers on the spouse, and offers advice on how the entire process works in that particular county. Not all counties offer this free service, but many do. Our divorce packet has information pertaining to classes and when and where the are held. The one in my county (CA) offers the class four times a year, once every three months. It is a small county and so I would assume larger areas have more resources.
There are also books you can buy which walk you through the divorce process. Now, these books are for uncontested divorces and even include advice and paperwork for the divorce and child support. However, I encourage you to use the papers your county provides because the ones in the books are generic and certain counties have their own preferred paperwork and will not accept any other.
Nolo Press offers divorce books. I used them to help me file for friends and family. The books are easy to read and have simple step by step directions on a do-it-yourself divorce.
The author of the books are Ed Sherman, and it is published by Nolo Press. You can buy it at any bookstore. He is a lawyer and puts out books on divorce and other topics for each state using each states laws. So, you can be comfortable using this book.
If the divorce is to be contested you will need a lawyer. While Nolo Press puts out a book for contested divorce and you could attempt to do it on your own, I strongly encourage you to speak with different lawyers and see if you can find one who will let you make payments. Also, some counties have a free or reduced cost legal service. Look in your phone book for a free legal service. Most counties have one but the work they do is limited and on a ability to pay status. If nothing else you may be able to get advice on how to begin. However, the book is excellent and I have used it at least six times now and nothing ever went wrong.
Also, some states allow the waving of filing fees for those who are low income. Check at the court house by asking the court clerk if they have a waiver form and get it too if it is not in the package.
Good luck and I wish you the best.
You can file at your local county court house…However filing and getting the divorce are two different things. First you have to have the person you want the divorce from served, they have to respond/counter, and if they want to have it taken to court they can. You will need a lawyer if it goes to court because if you don’t you stand a very good chance at being screwed.
You do not always need a lawyer to divorce, its a common misconception. An uncontested (agreed upon) divorce does not require a lawyer, you can do it yourself. You would prepare papers (or have them prepared), file them at your court house and serve a copy to your spouse. You then will wait the required waiting period (if any) as ordered by your state, and you’ll receive a final divorce decree by mail when the divorce is finalized.
I live in Ohio and there are two ways to file for a divorce. One is an official divorce and the other is a dissolution. The cheapest way is to file for a dissolution. With a dissolution, it means that your spouse agree to all the terms of a divorce and you clearly spell out those terms and present them to the court and the judge then agrees with your terms and orders the marriage to be dissolved. With an actual divorce, as opposed to a dissolution, it means that the two of you don’t agree to the terms and you want the judge to decide. That takes more time and money.
The paperwork would start with a “Petition for the Dissolution of Marriage.” Financial Disclosure Worksheet, Insurance Worksheet and a worksheet which states who your children are. If you have children, the two of you need to attend a seminar in your county for “Parents of Children who are divorcing.” The next set of paperwork is the “Separation Agreement” along with the child support formulas. Once you file for dissolution, it will take a a month or two (or longer depending on the county that you’re in). You’ll go before a judge and he’ll ask a few questions and the process will be over.
You can get sample forms and a kit on line. The first place to start would be your county clerk of courts office. All the paperwork and hearings are done there. They may have some standard forms and/or procedures outlined that can help you. If not, use the forms from Montgomery County, even if it isn’t your county, the forms should be very close to the forms for your county and would definitely be accepted in any County in Ohio. http://www.mcohio.org/government/domestic_relations_court/forms.html