You don’t need one to get married. Why can’t you just trot down to the Justice of the Peace with your soon-to-be ex-spouse and plunk down $35 for a divorce agreement and have that be that?
I understand that divorce can get messy, and when co-owned posessions are up for grabs a lawyer might be needed. But if both side are firmly in agreement about who gets what and there are no children involved, isn’t it pretty cut & dry? Yet I occasionally see ads in the paper placed by lawyers offering their services for uncontested divorce for “as low as $250”. If it’s uncontested, what’s the problem?
It’s not a refund when the auditor leaves two twenties on your nightstand.
It is wise to consult a lawyer even in an uncontested divorce because the parties may not be as smart as they think they are. A good divorce lawyer can force the parties to face questions they didn’t even consider, like the possible ramifications of selling (or not selling) the family house, or remind them that once they are no longer married they had better remember to change the beneficiary designation on their IRA’s.
I helped my brother get divorced from his second wife. Short marriage, no kids, no real property, and she took all the small stuff when she left – he just wanted the experience behind him.
I was a legal secretary at the time so I knew how to file the original petition, get process service on the wife, etc. She signed the final papers and I walked him over to the Court Commissioner and it was done. Cost my brother the filing and service fee – about $100.
Then the dumb shit went and got married two more times! I didn’t help him with those divorces. There was more property involved, and debt, and he really needed a lawyer to keep them from skinning him.
He was like Liz Taylor for awhile – couldn’t sleep with someone without thinking he had to marry them.
I seem to recall reading that one state (Utah I believe) used to have vending machines that allowed one to obtain all kinds of legal forms, including those necessary for divorce. Just fill in and file with the county, and poof! you’re divorced. That was, however, many many years ago.
Not sure what the reaction to that would be nowadays. Odds are the local lawyers would complain that the vending machine company was practicing law without a license and shut 'em down.
You still need to pay court costs, but lawyers aren’t necessary if the two people agree on who should take what with them when the marriage ends.
My current boyfriend’s divorce was actually pretty simple, even though it did take some time to get all the documents filed.
My boyfriend and his ex-wife had a no-fault divorce. They just had to write a statement that they didn’t have any claims on the other, that they had no debt that they were disputing, etc. They divided up all the belongings they’d acquired during their marriage. Then they just filed all the forms.
I guess if you don’t know which forms to use, it could be difficult, so a lawyer might be helpful. If you don’t have property, etc. it seems pretty straightforward.
My first wife and I divorced in Ohio in 1977. We had no disagreements, no children, little property(but a house). It took a little work, but the local library had a copy of the revised code of Ohio, I copied a sample form, filled in the blanks, changed a little, added a little, filed it with clerk of courts for $35. She even complimented me for doing it so nicely. Had a hearing months later, very simple. Thank you. Have a nice day!
My second wife and I divorced in 1997, in Ohio. We have 3 kids, house, not much more, and both had no disagreements with each other about anything involving property, kids. We had a mutual friend(female) who happened to be a general lawyer look at our petiiton, made a few suggestions, but basically did it ourselves. Filing fee went up to $135. Very simple. Have a nice day.
Would I recommend this for most people. Probably not. I am still good friends with both ex wives. I doubt that most people can be so lucky.
Just wanted to tell you that you can it without lawyer.
No need for a lawyer. I’m from North Carolina. Both parties only have to state they have been separated for a year and that’s it. There is a clause that you have to wait an additional 30 days at the year’s end just to make sure that neither party contests the divorce. But a simple notorized note to the court stating that the divorce is uncontested will also eliminate the 30 days. When my ex and I divorced, we just filed the papers at the end of the year with the notorized note and it was done.
A lawyer I know said that if all his business was $250 uncontested divorces he’d have to close up shop. He has a secretary on the payroll and paralegals, too.
But he advertises $250 uncontesteds, anyway.
Why?
Because more than half the time it doesn’t end up that way, according to him.
For an uncontested to clear the hurdles, both of you need to have that divorce in the #1 slot on your hit list.
My ex and I did it ourselves. Down to city hall, fill out the papers - I think it cost $150.00. No real property and we were friendly enough to do it - possible in California, anyway.
You don’t need a lawyer in Florida, either. You can download the forms off the Internet or go to the courthouse and pay about $15 for the packet. Fill out what you need to fill out, get it notarized, turn it in (along with $160), and in about four months or so you have a hearing. The only time you have to show up is if you’re the wife and you want your maiden name back. I took an hour off work to retrieve mine.
Simple, really. And far more painless than the time leading up to it.
Unless state law prescribes an absolute requirement for a lawyer you don’t need a lawyer in cases where all items are agreed to and everything is cut and dried.
In many divorces, however, this obviously isn’t the case and legal advice is critical. Also bear in mind that if there are children involved the consideration of what is “reasonable” re support, college etc. may change and be subject to additional litigation as the real world costs for these items are fleshed out over time.
If kids are involved a lawyer is generally a good idea
just to help prevent mis-understandings re these items.
