Have You Thought about Do-It-Yourself Divorce?

D-I-Y Divorce
By Ged Clayson

There is a choice of ready made DIY divorce packs available online and even in local retail outlets, that are designed for you to obtain a divorce without incurring heavy solicitor's costs although you should be aware that there will still be additional court costs.

These divorce packs are for uncontested divorces and will contain all the necessary legal paperwork and instructions for completing it as well as providing step-by-step guides and explanations of the legal (court) costs involved.
UK Divorce

The most basic diy divorce pack will be just that - forms and instructions on how to fill them in. However some providers offer a sliding scale of provision that may include personal telephone support and the advice of a legal team.

Do-it-yourself divorce is achievable with a little application, but you may need to seek the advice of a solicitor if:

• You have been married for more than 5 years
• You have children
• You have assets other than the family home and car(s).

The five grounds for divorce

1. Your husband or wife has committed adultery
2. Your partner's behaviour has been such that you cannot live with him or her
3. Your partner has deserted you for a period of more than 2 years
4. You have been separated for more than 2 years and your partner has consented to a divorce.
5. You have been separated for more than 5 years (your partner does not need to agree to a divorce in this instance).

If you and your partner both agree to the divorce (undefended) then it is not necessary for either of you to go to court.

Some useful terms used in divorce:

Adultery - Full sexual intercourse with someone who is not your husband or wife while you are married.

Affidavit - Written, formal sworn statement.

Conditional Dissolution Order - For civil partners, the equivalent of of a decree nisi.

Co-respondent - The person that adultery was committed with (if adultery is the reason for the divorce). The co-respondent is not usually named.

Decree Absolute - Final decree of divorce for married couples. This actually ends the marriage.

Decree Nisi - First decree for married couples. This means that the court is agreed that the grounds for divorce have been proven. It is not the end of the marriage, that only occurs when the decree absolute has been made.

Dissolution Order - For civil partners, the equivalent of a decree absolute. This actually ends the civil partnership.

Petition - Document giving the reason for the divorce and requests that the court grants it.

Petitioner - The person who is filing the petition at the court.

Respondent - The person to whom the petition is filed against.

USA Divorce

The do it yourself divorce is also widely available in the US but you must be aware that the each state has highly state specific divorce laws. There are state divorce law books available and it may be worth purchasing one for using in conjunction with a DIY divorce kit, although many of the providers provide state specific divorce kits.

As in the UK, the level of service and support depends on the amount that you're willing to pay. At the basic level there are just the paperwork packs and at higher levels legal technicians will assist in the completion of your divorce forms for you for a fee.

The more complicated your situation, the less likely a do it yourself divorce will be a viable option. For instance, if you have property and/or investment portfolio(s) and your assets are somewhat complex or if there are potential issues with child custody and access, then you may wish to seek expert professional help.

Ged Clayson has spent many hours researching the most cost effective way of divorcing and has a website at http://www.diydivorce.info where you can find information, hints and tips and useful links.

Article Source: D-I-Y Divorce