What kind of paperwork is involved in a divorce?

As you’re probably figuring out, divorce can fall into either the straightforward, no-frills category or the complicated, hair-pulling category. The same rule applies to divorce paperwork. The legal paperwork for a divorce varies according to your state of residence, as well as whether you own joint property and have minor children. Most states now offer divorce forms online, in downloadable form. There are forms for marriages that do not involve property or dependent/minor children. The courthouse may have resources available to assist you in completing these forms. Depending on your state and situation, there will probably be additional paperwork required for your divorce, such as a marriage settlement agreement and documents related to your child custody/parent visitation plan. It’s important to note that successful form completion does not always mean “successful” divorce. Many families who opt to go the do-it-yourself route find out months or years later that they neglected important details in their parenting plan or asset division in a rush to “just complete the forms.”

Can I get a divorce without an attorney?

The simple answer is “yes.” You can have a mediated divorce and not involve an attorney or you can get a do-it-yourself (DIY) divorce. Filing for a divorce without an attorney means you are filing pro se, and representing yourself in the divorce case. For couples who have no children under the age of 18, do not own property together and earn similar salaries, a DIY divorce may be a good fit. If you do not fall into this rather narrow category, consider the following questions before filing:

  • Are you and your spouse in agreement about how you will divide your assets and handle jointly owned properties?
  • Have you and your spouse discussed — and agreed upon — a residential arrangement for your children that gives your children adequate time with both parents?
  • Have you and your spouse agreed on spousal support?
  • Do you and your spouse agree that the terms you’ve agreed to are fair and equitable?
  • Do you have enough time and patience to figure out your state’s divorce laws and sit down with your spouse to hammer out the necessary paperwork?
  • Do you fully understand the tax issues surrounding a divorce and how they might affect your future tax status?
  • Are you completely confident that your spouse is not hiding assets or earnings?
  • Have you and your spouse worked through the emotional aspects surrounding the breakdown of your marriage?

Are there risks of DIY divorce?

Again, the simple answer is “yes.” There are a lot of factors involved with a pro se (DIY) divorce. For marriages that lasted only a couple years, where no children and no property are involved, and spouses have comparable incomes, a DIY divorce might make sense. However, risks of going it alone include:

  • Locking yourself into an unfair settlement.
  • Having the court reject your divorce request due to missing paperwork, vague settlement agreements or a missed step in the legal process.
  • Missing key agreements that could keep you out of court in the future.
  • Opening up old emotional wounds that you didn’t expect to feel from your divorce.

Why does my state of residence matter to my divorce?

Divorce laws vary state to state, so where you file for your divorce can impact your divorce process, paperwork and legal requirements. If you and your spouse live in different states, the state where the petitioner (the person that files for the divorce) lives will dictate the terms of the divorce. All but a few states have a minimum time requirement for a person to be considered a resident and be able to file for divorce. Most often, you will need to have lived in a state for six months to one year before you are able to legally file for divorce in that state.

What is the difference between a “contested” and an “uncontested” divorce?

In a contested divorce, the spouses cannot agree to the terms of the divorce and have vastly different opinions about their division of assets, spousal support, child support and/or child custody arrangements. In an uncontested divorce, the spouses may have sticking points, but generally agree that they will cooperate on the terms of their divorce and come up with an agreement that satisfies both parties.

What does “no fault” mean?

In divorce-speak, “no fault” means that spouses do not have to prove that one of them was “at fault” for the marriage ending. In the initial petition for dissolution of marriage in a “fault” state, the person filing the petition would have to list a reason for the divorce: usually cruelty, abandonment or adultery. Each state addresses these issues differently and it is important to know the specifics of any fault statutes when considering filing for divorce based upon a “fault” of the other spouse.

What is abandonment?

In the days before “no fault” divorces, many spouses left bad marriages, deserting their partners and families, in order to procure a legal divorce. This type of leaving — when a spouse moves out of the family home without the consent of the other spouse and for reasons not related to the other spouse’s behavior or actions — is known as abandonment, and it can be used as a reason for a “fault” divorce. Most states that allow this type of “fault” divorce, require that the “at-fault” spouse, the one who abandoned the other, has been out of the marital home for at least one year before considering abandonment as a grounds for divorce.

What is a legal separation?

When spouses obtain a legal separation, they are still legally married, but live apart and have come up with a legally binding, court-approved separation agreement, which dictates the final division of assets, spousal support, child support and child custody/parent visitation arrangements. Some couples may opt for a legal separation instead of divorce, due to religious beliefs, emotional state, or, more practically, perhaps because one spouse wants to remain on the other spouse’s health insurance plan (if permitted by that plan).