QUESTION
Can my husband and I files for a legal separation without an attorney?
Asked on Sep 23rd, 2013 on Divorce - Michigan
More details to this question:
If my husband and I agree on all points of a legal separation, can we file it ourselves? How long does it take? What does it cost?
9 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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While it is best for at least one of you to consult with an experienced family law attorney to discuss procedures, In Arizona there is a self service center at most, if not all, superior court facilities. Maricopa County also has its self service center online.
Answered on Sep 27th, 2013 at 10:15 AM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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You can file yourselves. In California your marital status will change after six months and one day after the respondent in your case is served with the initial documents. A mediator would be a valuable assistant for you to insure all procedural requirements are met and the terms of your agreement are enforceable as you intend them to be.
Answered on Sep 26th, 2013 at 3:54 AM
If you are in California the petition filing fee is $435.00. All divorces take six months from the date the other side is served with the papers. If you truly agree on everything, I suggest you go to a paralegal who handles family law matters for assistance. There are a great many documents that need completion and if you miss one, it can really foul up the process.
Answered on Sep 26th, 2013 at 3:12 AM
Yes, you can file without an attorney but I would suggest that you both consult one about the agreement to be sure it says what you think and you understand the ramifications for you before signing.
Answered on Sep 26th, 2013 at 2:54 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The reason many people choose to retain counsel is the fear that if the legal problem is not solved correctly, they will spend more money trying to straighten out the problem that they unwittingly got themselves into. The law is highly technical.
Answered on Sep 25th, 2013 at 10:33 AM
Yes, you can. However, if you mess it up due to a lack of knowledge in such matters, it can sometimes cost more to correct improper pleadings than to have them done correctly in the first instance. If your marriage coming to an end is truly one of the exceptions and there are no disagreed issues on property, support, debts, children, etc., then flip a coin. Coin toss winner hires an attorney and the other party agrees to a waiver divorce and both sign a joint decree. Whoever hires an attorney appears at first meeting with as much information already organized and in writing to make it easier on counsel to have what is needed to prepare your documents.
Answered on Sep 25th, 2013 at 10:25 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Yes, but I wouldn't recommend it. If you don't incur the cost of an attorney in seeking a separation order, then all you would have to pay if the cost of the court's filing fee, which in the case of divorce or separation,is $310 in Utah.
Answered on Sep 25th, 2013 at 10:17 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can always file a legal action without an attorney. It is called "pro se". The cost is different in each jurisdiction. You can just call the court in the county where you reside and they will be able to tell you how the cost and the procedure.
Answered on Sep 25th, 2013 at 10:10 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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In Michigan, there is no such thing as a "legal separation." You can file a "Complaint for Separate Maintenance." However, the primary reason in the past for doing that was to maintain health insurance coverage for both Parties, and now many insurance companies have "caught on" to this tactic, and are now denying coverage if a "Judgment of Separate Maintenance" is entered by the Court.
Answered on Sep 25th, 2013 at 9:57 AM