As you are aware of high legal fees for uncontested divorces, it can be avoided if you are emotionally ready to handle it.
As you know, every County has their own Court System and separate fee amounts. If you were to hire an attorney for a divorce and you have children you are expected to go to the (1)Juvenile District Court in your County and file for Custody. This is a simple procedure and most cases you receive the court date in the mail and then you may receive a letter to call a mediator who will see you and the other parent on behalf of the judge, having to avoid going to court and settling the matters peacefully. If this is the case, you would want to consider including facts like being able to move where ever you want and anything concerning your child's well being. The mediator is very helpful and considerate of both parties. Keep your documents for future reference.
Also, Child Support can be settled outside of your divorce as well by applying to your local(2) Child Support Unit. This organization will make sure your child has health insurance through the other parent and child support is taken out regularly according to the state you live in. Keep your documents for future reference.
Having lived apart for a year without any interruption and Once you have the two steps taken care of you are now ready to type your own (3)Complaint for Divorce. This document is easily typed in simple format of double spacing and you, the PLAINTIFF and your spouse is the DEFENDANT. If you like you may go to the courthouse and find a copy of a divorce to review as this is public knowledge, please do not include your Social Security numbers as it is not needed according to the Privacy Act. Include your names and address and how long you both have lived at the said addresses.
Please remember all marriage property settlements must be settled before filing the complaint. Unless you want to include a marriage settlement you may type it separately as well. After you have typed your Complaint for Divorce, have it notarized and copied before going to the Clerk at the Court house. A small fee of approximately $84.00 for filing and if you need to serve your spouse with the Complaint for Divorce papers an additional (approx) $12 may apply. You will receive a receipt with an account number for your case, always use this number when filing papers for your case. Also, a form to be filled out and handed in to the clerk in the courtroom on the date of your hearing will be given to you, use your account number when filling this out.
It's always best to have your spouse sign the papers and waiver at the Clerk's window any time after you have filed. You will not be contacted when this is done. If you are in need of changing your last name, there is a reduced fee and separate form provided in the courthouse for changing your name due to divorce.
Once you have called and found that the papers and waiver have been signed you will get a date for your divorce hearing usually 30 days later, in which this time you will be typing your (4) Final Divorce Decree which sums up everything you typed in the Complaint for Divorce and make a copy of it. You will be bringing a witness with you on your court date to ensure that you have lived apart from your spouse. After your hearing is over go to the Cashier Clerk where you filed your papers and pay for your name change and receive your final documents.
I believe this is the best, low cost procedure for uncontested divorces. Many apply for legal aid lawyers but do not have much luck since they only take on 5 cases per month.
If you are able to follow this procedure My Best Wishes to You!
