Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for either party.
Although many cheap divorce methods are available, the very best would still be the kind that both partners can do among themselves without involving an outsider. Letting a lawyer in would be somewhat a burden, particularly when the case drags for a long time causing emotional turmoil for either parties, all the while being heavy on the pockets.
There is now available a method to deal with a divorce without a lawyer or an attorney. Known as the Pro Se divorce, or more popularly as the do it yourself divorce, it entitles both the parties filing the divorce papers themselves. However, Pro Se divorce can be filed only under certain conditions and might not be the best option for many.
The first criterion to file a Pro Se divorce is that the divorce is uncontested by either parties, either with respect to children or property. Also, the children, if any are involved, must all be of legal age and so must not be brought into the case. Any kind investment such as deposits, stock, retirement or pension options must not be present for either party. Alimony is not dealt with in case of do it yourself divorce and so the parties must definitely hire a lawyer for the same.
It is compulsory that both the parties file for the Pro Se divorce, instead of one opting for a lawyer and the other going in for the do it yourself divorce. Also, those in military cannot file through this method while in service. A lawyer is compulsory for such military divorce cases. History of physical or mental abuse on either partner by the other, debt, bankruptcy etc., are other conditions that must not be present while filing for a Pro se divorce case. It is also a condition that both the parties are financially well off after the divorce and would not need any kind of support from the other, such as alimony.
Pro Se divorces, as mentioned, involve a lot of legalities that both the partners must consider before opting for this method of divorce. However, one major advantage with this kind of divorce is that it saves a lot of money in form of lawyer fee. But one disadvantage would be that the clients would need to represent themselves in the court with no legal help from a lawyer. Getting the initial paperwork reviewed by an experienced lawyer would be a good choice before filing the papers. This would ensure that all the requisite documents are being provided and getting a separation is only a matter of time even with individual representation in the court without the assistance of a lawyer. The list of documents to be submitted is available on the Internet on websites that help with Pro Se divorces and are relatively easy to locate.
By: Kent Pinkerton
Posts Tagged ‘Best Choice’
Free Divorce Lawyers
January 15th, 2010
Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for either party.
Divorce lawyers are usually those lawyers that deal with the family law. They are specialized in all areas of family matters and can provide sound legal counsel when approached for the same. It is usual as well as safer for both the parties to use different divorce lawyers to deal with the proceedings and individual matters of both the parties separately. The divorce lawyers will provide excellent advice relating to the divorce proceedings and also other matters that might crop up later on after the divorce.
Checking through the yellow pages would also produce quite a list of all the lawyers practicing family law. However, getting a lawyer for free is another matter. Even the ones on the Internet tend to charge a nominal fee for the advice provided. Even with the Pro Se or the do it yourself divorces that usually do not require a lawyer, some charges would be applicable if a lawyer gets involved in the proceedings.
One sure way of getting free lawyers advice is through the talk shows on TV and radios. However, it’s only for those who are able to get connected to the speaker or the guest in the talk show. Also, very less time would be allotted for asking the questions and getting them clarified to ones satisfaction.
Although it might be a difficult task to find free lawyers practicing family law, the other option is to file the papers without the assistance of a lawyer. This way both the parties can represent themselves in the court all by themselves without an attorney assisting them. This would ensure no money goes to the lawyer and is practically a free divorce except for the forms that are available online on the Internet at nominal prices presently. It is, however, suggested to get the initial paperwork reviewed by an experienced lawyer would be a good choice before filing the papers. This would ensure that all the requisite documents are being provided and getting a separation is only a matter of time even with individual representation in the court without the assistance of a lawyer. The list of documents to be submitted is available on the Internet on websites that help with Pro Se divorces and are relatively easy to locate.
By: Kent Pinkerton