Undertaking divorce proceedings can be a difficult, painful, and expensive proposition, and therefore the decision to initiate a divorce must not be taken lightly. Due to the considerable expense a divorce can create, many people choose to attempt a DIY divorce (Do It Yourself divorce). A divorce is the formal dissolution of a married couple, removing the status of ‘married’ from both parties. There are many types of divorce, and the condition of the relationship between the two parties dictates how a divorce will be processed. Divorce papers are a significant element in the divorce process, and the quantity and nature of these papers differs between divorce types. It should certainly be pointed out that undertaking a DIY divorce does not eliminate the need for the individual to file all legal divorce papers. It simply means that the individual parties involved in the force are responsible for completing and submitting the papers themselves.
While it is not uncommon for individuals to represent themselves in legal cases, including divorce proceedings, a DIY divorce must certainly be approached with caution.. The practice of self representation in legal proceedings is known as ‘pro se’. People are traditionally interested in representing themselves in legal proceedings because it reduces, if not eliminates, their legal fees. However, particular types of divorces and certain marriage situations are particularly suitable for a DIY divorce, while others are not. The best conditions for a DIY Divorce include the following;
- When each of the parties mutually agree that a divorce is appropriate.
- The couple has no children below the age of majority.
- The value of shared assets is relatively low, and both parties are in agreement on how it should be divided.
- There is no history of abuse or intimidation.
Though a DIY divorce aims to reduce the need for legal advice or representation, a divorce is still very much a legal proceeding. It is important to remember that the rules surrounding divorce proceedings and divorce papers differ from region to region, and thus so do the rules relating to undertaking a DIY divorce. The interest in these types of divorce has increased in recent years as many parts of North America struggled through difficult economic times; a DIY divorce is particularly attractive to those individuals that are looking for an inexpensive dissolution of their marriage.
There are a number of online portals and resources that can provide individuals with the information and materials required to complete a DIY divorce in their region. A number of legal associations have argued that many people who attempt to conduct a DIY divorce and file their divorce papers themselves ultimately end up hiring a lawyer to fix all the mistakes they made. The primary downside of a DIY divorce and divorce papers is that the well-trained and experience legal insight of a divorce lawyer is almost entirely removed from the process. The task of completing divorce documents accurately can be incredibly daunting when attempting to complete and submit them without the help of a lawyer. Another aspect of a conducting a DIY divorce is that divorce proceedings become even more involved for the individuals, as the self-completion and self-submission of all required divorce papers is both complex and time consuming.