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Overview
This section of the Family Law
Center explains the subject of divorce law in general terms. These
discussions are not specific to your state. If you need specific
legal advice, you should consult with an attorney who is a
member of the bar in the state where you are seeking legal
advice. This section provides resources
on divorce law that will help you to understand your situation
better, as well as enable you to represent yourself in an
uncontested divorce action; or find
a divorce attorney in your community.
For the majority of people,
divorce is a traumatic experience. Not only are there feelings
of pain, recrimination, guilt, and uncertainty, but there also
are all the problems that can go with a new life style. You have
to learn to live alone again, to adjust to a change of finances,
to be a single parent responsible for decisions once made
jointly, or to see your children only on visitation days. There
is the added strain of dividing your accumulated possessions.
Along with it all come the legal problems of the divorce itself.
Like it or not, divorce is
considered a lawsuit. One spouse has to charge the other spouse
in a court proceeding. Regardless of how private you are or
would like to be about your personal problems, you must spell
out the facts to a judge or a Master in order to obtain a
divorce. The most common course is to hire a lawyer, tell him or
her the facts, and hope for the best. Half of all American marriages
end in divorce, sometime bitterly with both parties spending
thousands of dollars in legal fees. You can save on legal fees
if you can make your divorce a matter of agreement rather than
conflict. There is, however, an easier way to get a divorce than the traditional way where both parties are represented by attorneys from beginning to end. If you recently separated from your spouse, or have been separated for some time and want to secure a divorce, the easiest way to get your divorce is to secure an
uncontested, no-fault divorce and to file as a
pro se litigant.
"Pro se" means to represent oneself.
Representing oneself is not for everyone. If you have complex assets; if there is an imbalance of power between you are your spouse; if there has been domestic violence within the relationship; or if you cannot communicate with each other as adults; then you need to be represented by counsel. You can find an attorney
who handles divorce cases by consulting the Find
a Lawyer section of this Web site. If however, you can agree on all of your issues, and you
agree on all of the terms of a Marital Separation Agreement with your spouse, you can easily file an
uncontested, no-fault divorce in almost any state in America.
You can create your Marital Separation Agreement using our
Rapidocs technology and then when it is completed have it
reviewed by one the Legal Advice Network
Attorneys for a nominal fee. If you have any questions of
whether you should represent yourself as a pro se
litigant, use
this resource to determine if you should represent yourself or whether you need to the full
representational services of an attorney.
The Uncontested, No-Fault Divorce
Most divorces in the United States today, whether your are
representing yourself or are represented by counsel, and based
upon a no-fault ground, which means
that neither party is an fault - the marriage has simply broken
and there is no hope of reconciliation.
Filing a no-fault divorce is a relatively very easy and simple process. If you have no children and no assets, you might not even need a Marital Separation Agreement, and you can file your divorce papers directly if you meet the residence and other divorce requirements in your state. Your total cost will be court filing fees; thousands of dollars less than if you were represented by an attorney.
What if You and Your Spouse Cannot
Agree on One or Two Issues
If you and your spouse cannot agree about one or two
issues, your best choice is family
mediation. One or two
hours spent with a trained mediator, or resolving your
dispute through claims evaluation, can save you thousands in legal fees and much emotional heart ache. Once you have reached agreement you can execute a
Marital Settlement Agreement which is the basis for a
hassle-free no-fault divorce. [See section on Mediation for
information about Mediation Resources].
You can purchase a No-Fault Divorce Forms Package that you can
assemble using the Rapidocs Assembler ($49.95) or or you have the option
of assembling your documents yourself using your word-processor,
which of course takes more time. ($29.95)
We are adding new no-fault divorce kits for the various states
every month are added and are being converted into the Rapidocs
Assembler technology.
If your state's No-Fault Divorce Forms Package is not yet within
our Catalog, try our Legal
Research Center. You may find that the judicial system in
your state has published divorce and family law forms with
instructions on how to use them.
Finally, remember that after your divorce you will usually need
a new will, living
will, or health care power
of attorney, to manage your affairs if your are unable and have
previously delegated that power to your ex-spouse.
Resources
Cornell
Legal Information Institute: Divorce Materials
Child
Support Laws by State from Office of Child Support
Enforcement
Child Support
Enforcement - a private company
DivorceHelpline-
very valuable on California and how to avoid litigation
costs in general
DivorceNet- a
required stop on any research of the Net on Divorce
Divorce Source
-detailed state-by-state information on divorce law.
Family
Law Center at Court TV
U.S. House of
Representatives: Internet Law Library: Marriage and
Divorce
The
Divorce, Custody and Alimony Reporter from the
Family Law Advisor
Where
to Write for Vital Records
Family
Law News from Law Journal Extra
Men's
Issues Page of the WWW Virtual Library
Getting
A Divorce Across State Lines
Divorce
and Federal Employee Benefits
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