According to the current statistics, the average expense on divorce in the United States is nearly equal to the typical cost of a wedding celebration with all the bells and whistles ($25-30.000). Appears impressive, and not much enjoyable, especially taking into account that most people on the verge of divorce feel that they have already paid in full. Therefore, it’s not surprising that some people who do not want their separation to be a big drama with countless court battles are seeking methods to save a little by drafting a divorce without involving attorneys.
Simply put, you can complete the divorce forms and documents on your own checking your county’s court internet site for the required divorce papers or using an option of online divorce. Such procedure is called pro se divorce in legal terms, and it is also known as do-it-yourself divorce in Indiana. Representing yourself in a divorce lawsuit without an attorney is entirely legal and quite common nowadays. However, there are still some tips you definitely need to know about the subject before taking this step.
Are you a good candidate for DIY divorce in Indiana?
• Do-it-yourself divorce procedure will certainly be less complicated if you have no underage kids. Otherwise, you might still require legal assistance to figure out some information regarding types of custody and shared parenting time, as well as child support calculation.
• That’s great if both of you are employed and also support yourselves financially. If it is not so, one of the spouses can request to obtain alimony, and as a result, the lawyer’s help may be needed.
• You have neither lots of assets nor lots of financial obligations and debts. In such a case you have not to figure out how to split the marital property, what to do with possible tax obligations and implications transferring the funds, or who is in charge of the debts.
• You will certainly deal with Do-it-yourself dissolution if you and your partner have made a decision concerning the divorce agreed and as peaceful as possible.
This means that even if the spouses have kids or marital property they are still qualified for a DIY divorce. The point is that they should not have significant disagreements regarding property, custody of the child etc; and also, they should be able to communicate respectfully and be ready to compromise.
Negotiation is an especially important part of a do-it-yourself divorce, so if you are not sure that your partner can be honest with you, you should better seek professional counsel.
How to manage a DIY divorce?
In fact, you can probably obtain the required package of Indiana divorce forms by going to your county court. After that, you need to file the paperwork with your local court (Superior Court, Circuit Court, or Domestic Relations Court of Indiana – depending on the county where you are going to apply for divorce) and wait for notice of the date and time of your final hearing. Certainly, unfortunately, it is not as fast and easy as it sounds, and also you are responsible for completing your own divorce paperwork, which is not so easy as well.
You may seek help online. Indiana courts website offers supporting information for self-litigants, and four basic packages of divorce forms (for an uncontested divorce with/without children; for contested divorce with/without children) may be found there as well. Nevertheless, you should bear in mind that different Indiana counties may require similar but still different forms, or your particular divorce case may assume some additional, less common, documents. Mandatory divorce filing fee in Indiana also varies by couty.
So, please check out the information regarding Indiana uncontested divorce laws and filing rules, but do not rely too much on all these data, since it is purely of an introductory nature. As every divorce case is unique, you should analyze everything thoroughly before filling out the forms and signing the documents. Anyway, it seems there are a lot of issues you may want to ask and check with your county clerk.
Online divorce as a helping hand
Another useful tool which may help the spouses who have decided to manage a divorce without a lawyer is a so-called online divorce. There are a lot of online platforms providing online divorce drafting services; however, the operating principle of all these websites is very similar.
Typically, the customer needs to respond to a number of questions of the online questionnaire. It usually requires the information about the state, county, and court in which the person is going to file for divorce, as well as some details of the case, like whether the spouses have any underage kids, is any partner going to seek for spousal support, is there any family property that the spouses intend to divide in a divorce, and so forth.
After signing up on the website and providing the required info, the customer pays for the service. Usually, in Indiana, it may cost in between $150-300, and this payment is separate from the divorce filing fee which is charged by the court. Just within a couple of business days, the customer may obtain a ready-made package of papers. What really good, is that these divorce documents are customized to your state and county, your children, your income, assets and other factors in your case and you have not to seek all the information and nuances by yourself.
Some websites offer a revision of completed forms, while some fill out the forms for you, some companies even provide paralegals’ assistance. Although such websites are typically not qualified to give legal advice or to help with more “technical” issues like terms, court deadlines or filing rules of particular Indiana county they still may turn out to be really helpful for those who hate dealing with paperwork or lack spare time. In Indiana, the popularity of online divorce is constantly raising, since even for the simplest divorce case, the petitioner (the spouse who launches a divorce) has to complete a significant number of forms and documents, which, certainly, can take a long time. Besides, the regulations for filling out the court forms are stringent, and the tiniest mistake can lead to the fact that the divorce case will have to start from the very beginning.