QUESTION
Can we have a mutual divorce without help from an attorney?
Asked on Jan 19th, 2014 on Divorce - Texas
More details to this question:
Is it possible to have an agreed divorce or separation but with all the negotiations of how much spousal support is to be paid and visitation rights without going to court and settled with a lawyer?
11 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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It would be wise for you to at least consult with an experienced family law attorney to review your matter. That being said, in Arizona most county superior court facilities include a self service center where you can obtain forms and instructions on the preparation and filing of a petition for dissolution. Those forms and instructions are also available online.
Answered on Jan 23rd, 2014 at 8:54 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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You can start and complete a divorce without an attorney. However you cannot avoid going to Court and appearing before a Court official.
Answered on Jan 23rd, 2014 at 5:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is possible, a single attorney could be a mediator/arbitrator and only the scribe, but the better way is to have one lawyer hired by one of the parties who does the work and represents one of the parties only, with the final agreement taken to the other party's attorney, hired for an hour or two, to review and explain the proposed judgment to their client.
Answered on Jan 23rd, 2014 at 5:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, it is possible. One or the other of you may suffer for it, but you can do it. Even just advice from an attorney may save you a lot in the long run.
Answered on Jan 23rd, 2014 at 4:53 PM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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A lawyer is not required in order to file for and obtain a divorce. People usually use lawyers when communication has broken down. If you and your spouse agree to end your marriage, and believe that you have reached a fair and equitable division of the property, then you can file the required paperwork with the court. Please note that there is a statutory period of time that you must wait before the divorce becomes final. If there is property or there are children, it might be a good idea to briefly consult with an attorney to make sure that the the property division, child support, etc. is fair and that it meets the requirements.
Answered on Jan 23rd, 2014 at 4:49 PM
YES! Have you considered Mediation? Mediation is Fast, Effective and Affordable. Go onto Google and put in Divorce Mediation Services and the County you live in (i.e. Divorce Mediation Services Naples). The search result will give you names, links and telephone numbers of Mediators. Be certain, however, that any mediator you choose is Certified with the Florida Supreme Court. Good luck.
Answered on Jan 23rd, 2014 at 4:43 PM
All divorces have to be approved by a judge in order to have the effect of law and be enforceable. A paralegal can help you through the process so that everything will be done correctly. Good luck.
Answered on Jan 23rd, 2014 at 4:40 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there are several factors that weigh into visitation with a minor child as well as whether or not spousal support should be paid as well as many other factors that should always be considered when people are divorcing from one another. You may not think of these factors when you are negotiating but if they become important to you later, your ex could likely say they are not doing it because they did not agree to it and it was not ordered for them to do it and they would be correct. You should consult with an attorney as soon as possible regarding this matter. Further, I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jan 22nd, 2014 at 11:05 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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An attorney is not mandatory but you must go to court.
Answered on Jan 22nd, 2014 at 11:04 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can certainly get a divorce without an attorney. The final paperwork, however, would have to be submitted to the court for approval.
Answered on Jan 22nd, 2014 at 11:03 AM
Possible? Yes. Advisable? Absolutely not. If you have spousal support, custody, child support and visitation issues, you should absolutely hire an attorney to draft and review the Final Decree of Divorce, at the very least.
Answered on Jan 22nd, 2014 at 11:01 AM