Filing Divorce Papers Written on August 2, 2009, by Moses Wright.
Traditionally, filing divorce papers meant that each spouse hired an attorney to prepare and file the divorce documents. This is still a very popular method of divorce, but divorcing couples have other options as well.
Getting a divorce involves the preparation of divorce documents and then filing divorce papers. A divorcing couple can each hire an attorney to represent their best interests during this process.
Hiring two attorneys and paying the fees for preparing divorce documents and filing them can be expensive. Some newer options have emerged.
A cheaper way to use attorneys is for the couple to only hire one attorney and split the costs. If the terms of the divorce are agreeable to each spouse, one spouse may hire an attorney and have the divorce paperwork prepared in accordance with the agreed upon terms.
There is a disadvantage to using only one attorney. The party that is not represented by the attorney does not have the benefit of having legal counsel about the terms of the divorce. Even thought the terms have been agreed upon, the unrepresented party may not realize a potential loss or problem that their lawyer may have brought to their attention.
Manuals for preparing your own divorce papers and filing divorce papers have been written for each state. Some of the manuals include all the necessary paperwork.
A new method is through websites that offer to prepare the divorce paperwork for a fee. After submitting the information on the website, the divorcing couple receives the paperwork in the mail, signs the divorce agreement, and follows the instructions for filing divorce papers.
Preparing divorce papers yourself with the help of a book or through a website may not be possible in some circumstances. If custody of children is part of the divorce, the couple may have to go through at least one attorney. Using an attorney is often necessary if there is real estate involved.
If there is a disagreement about the terms of the divorce, the divorcing spouses may have to each hire attorneys and have a divorce hearing during which the judge will decide.
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