DIY Divorce: The Divorce Application Process
Going through a divorce is never easy, but you don’t always need a lawyer to handle it. If you and your spouse agree on most things, you might consider a DIY (do-it-yourself) divorce. This option can save you money and speed up the process. In this guide, we’ll walk you through the simple steps to file for divorce on your own, including how to complete the divorce application.
A DIY divorce means you handle all the paperwork and steps yourself, without a lawyer. It’s possible when both partners agree on everything, such as how to divide property, child custody, and other important matters. If you and your spouse are on the same page, this can be a quick and cost-effective way to get divorced.
When Should You Choose a DIY Divorce?
A DIY divorce might be right for you if:
You both agree on everything (property, children, etc.).
You don’t have children, or you already agreed on custody.
There’s not much property or debt to divide.
Spousal support (alimony) isn’t an issue.
You and your spouse are willing to communicate and cooperate.
Steps in the DIY Divorce Process
Here’s a simple, step-by-step guide to the DIY divorce process:
1. Check Your Eligibility
Make sure you meet the basic requirements to file for divorce, such as living in your state for a certain amount of time. You also need a valid reason for the divorce, like irreconcilable differences.
2. Fill Out the Divorce Forms
Next, you’ll need to fill out the necessary forms for the divorce application. These forms are available online through your local court’s website or at the courthouse. Some forms you may need to complete include:
Divorce Petition (the request to end your marriage)
Financial Disclosures (details about your assets, debts, and income)
Parenting Plan (if you have children, explaining custody and visitation)
Once you’ve completed the forms, file them with the court. You’ll likely have to pay a filing fee, though some people can get a fee waiver if they meet income requirements. You can file online or in person.
You must send your spouse the divorce papers. This can be done through certified mail, a process server, or a sheriff. Your spouse must sign to confirm they’ve received the papers.
After receiving the papers, your spouse has a set time to respond. If they agree to the divorce terms, the process moves forward smoothly. If they disagree, you may need to negotiate or go to mediation.
If both spouses agree on the terms (like property division and custody), you can submit your agreement to the court. This document will outline everything you both agree on.
7. Court Hearing (if needed)
In some cases, even if everything is agreed upon, the court may still schedule a hearing to finalize the divorce. The judge will review your agreement and make sure everything is in order.
8. Get Your Divorce Decree
Once the judge signs the divorce, you will receive a divorce decree. This is the official document that ends your marriage and outlines all decisions about custody, property, and support.
Why Consider a DIY Divorce?
Cheaper: It’s more affordable since you don’t need to hire a lawyer.
Faster: Without lawyers involved, the process can move more quickly.
Easier: If everything is agreed upon, the paperwork is straightforward.
Less Stress: A DIY divorce can reduce the emotional toll, especially if you and your spouse are in agreement.
When DIY Divorce Might Not Be Right
Complicated issues: If you have disagreements over property, custody, or support, you might need professional help.
Legal mistakes: Filling out the wrong forms or missing deadlines could delay or complicate things.
Emotional stress: Even if you agree on everything, handling it yourself can still feel overwhelming.
A DIY divorce is a great choice if both partners agree on the terms and want to save money. By following the steps and completing the required divorce application and forms, you can handle your own divorce. However, if the process feels overwhelming or if you have complex issues, seeking legal advice is always a good option to make sure everything is handled correctly.
