Are "Do-it-Yourself "Divorce Forms a Valid Alternative to Hiring a Divorce Lawyer?

Do-it-yourself divorce forms are widely available on the Internet and often overlooked as a viable alternative to hiring a divorce attorney. Many divorce cases can be settled between partners and do not involve the complications of investment money, IRAs, and custody battles. These are prime candidates for the do-it-yourself process.

As a rule of thumb, if there is little disagreement between spouses, then divorce forms are something to consider. The six scenarios listed below should guide you when to use a divorce kit versus hiring an attorney.

1.Your Divorce is Uncontested.

This is when both partners agree to a divorce. Generally speaking, the more cooperation between spouses the more viable the do-it-yourself divorce alternative. If, however, your spouse is missing or has abandoned the relationship, then you may want to hire an attorney to protect your interests.

2.No "Future Income” to Divide.

If neither partner has an IRA, stock investments, or retirement plans, then filling out state divorce forms may be something you want to look into. With no future income to divide, the divorce process is dramatically less complicated. On the other hand, if one or both partners have a pension or stock investments, issues may arise such as dividing future earnings and dividends. We recommend in almost all cases that you consult with an attorney over this.

3.Property distribution has been agreed upon.

In 9 out of 10 cases a lawyer is not necessary if both partners are in mutual agreement about how to divide up the marital estate. Who will get the family home or will you sell it and split the proceeds? How will you divide bank accounts, furniture and even debt? The forms for divorce are ideal for situations in which property distribution has been agreed upon.

4.Child custody, visitation and support are agreed upon.

Similar to property distribution, if you and your spouse are in agreement as to how custody issues should be handled and that agreement is one that is fair to everyone involved, then a do-it-yourself divorce form should work fine. Questions to ask are: Will the child or children live with Mom or Dad? Will there be visitation for the non-custodial parent? How will child support be handled?

5.Spousal support is agreed upon.

If you and your spouse have agreed to a fair settlement or if both parties can sufficiently provide for themselves without support, then a standard divorce form should be able to handle this issue.

6.The divorce laws of your state are understood by both parties.

It is important that both you and your spouse meet the requirements for obtaining a divorce in a specific state. This may require some research on your part if you are not hiring an attorney. Before filling out state divorce forms, we suggest both parties understand the established procedures of the state law.

This article was adapted from the MyFamilyLaw.com online legal library. MyFamilyLaw.com continually expands their online services to provide the most up-to-date legal information on marriage, divorce, prenups, custody, and all related national and local family law tools and resources. Jeremy Reither is the General Manager of the website.