Getting a divorce doesn't have to be financially painful.There are many ways to lower divorce costs.A simplified or summary divorce procedure is possible for you and your spouse.The procedure makes divorce fast because you have no children together or assets.You can still work out issues on your own if you don't qualify for a summary divorce.Communication is the key to cheap divorce.Divorce can be cheap if you and your spouse can agree on how to divide parenting time.
Step 1: If this option is available, check it.
If you don't have any children or real estate with your spouse, you can get a "simplified" or "summary" divorce.Depending on your state, the requirements will be precise.Ask the court clerk if you can get a simple divorce.He or she will tell you about the divorce options.The clerk should give you a list of requirements if there is a simplified divorce procedure available.
Step 2: Make sure you meet the requirements.
In order to get a simple divorce, the state will set a number of requirements.If you don't satisfy them, you will have to go through a regular divorce.You and your spouse do not have children together.The wife is not pregnant.You do not own any real estate together.You have only been married a short time.If you have been married less than five years in California, you can get a summary dissolution.You have to have been married for eight years or less in Illinois.One of you has lived in the state for a while.One spouse must have been living in Florida for at least six months.You don't own a lot of property.You and your spouse might own a few cars and furniture even if you don't own real estate.In order to get a simplified divorce, most states limit how much you can own together.The limit in California is $41,000.The total amount can't exceed $50,000 in Illinois.There are other requirements set by the state.
Step 3: You should get the forms.
The forms you can use for a simple divorce should have been printed by the court.It is easy to get divorced without a lawyer.If you fill in the information, you can file the forms with the court clerk.If the forms have been posted as PDF, you can check online.
Step 4: The paperwork needs to be filled out.
The paperwork should be filled out by you and your spouse.Use ink to print.You can use a typewriter.You can avoid disputes by working together, and both of you can be sure that you filled out the forms correctly.Make sure that each spouse has plenty of time to go over the forms and make changes if you can't do it together.You should meet because you will need to divide your property.If you sign the petition, you will probably be asked who owns what property and what joint debts you have.
Step 5: The forms need you to sign them.
Make a few copies of the forms by signing the original.You might need to get the forms notarized.At the court clerk's office, you can have a form notarized.If you want to get a form notarized, you have to sign it.Bring your own identification.A valid driver's license or passport is sufficient.
Step 6: The forms should be filed.
You need to sign the forms for the court clerk.You will have to go to the courthouse in some states.You might be asked questions by the clerk.Depending on your state, you might need to appear before a judge.
Step 7: Pay fees.
You have to pay to file the petition in order to make the divorce final.The court clerk can give you the fee amount and acceptable payment methods.The court can waive the fee if you can't afford it.
Step 8: Take it easy.
A quick divorce can be expensive.Child custody arrangements will need to be decided by a court.The judge will need to divide the property if you and your spouse own it.You and your spouse can come to an agreement, but a judge always needs to agree to it.A judge might not approve of your proposed child custody agreement if you rush through your divorce.The judge might reject it, slowing down the divorce.To discuss details of the divorce with your spouse, you should set aside several blocks of time.
Step 9: Talk to your spouse.
To keep a divorce cheap, you should come to an agreement with your spouse about the division of child custody and property.When emotions run high, remember to show your spouse that you're listening.Don't interrupt and make eye contact.Make sure that you understand what your spouse is saying.You can summarize what was said and ask if you understand your spouse.Don't judge.If you are upset by your spouse's demands, you can ask why they think he or she deserves it.Try to be as relaxed as possible.Don't sit with your arms crossed.
Step 10: If necessary, seek mediation.
If you and your spouse can't come to an agreement, then you should seek the help of a mediators.A neutral third party who listens to both sides explain their disagreement helps to guide you to a solution you both can accept.A judge is not a mediation.He or she helps the parties see how they can work together.Mediators cost less than a divorce.A full-scale custody battle in court could cost $100,000.The average cost for a mediation is around $3,000.Divorced couples can use mediation programs.Ask if you can stop in.It might be free if your courthouse runs a community based mediation program.You can ask your local bar association if it has a list of mediators.
Step 11: Take part in mediation.
If you approach it with an open mind, divorce mediation will be successful.You have to get your way.If you are willing to compromise, mediation is most successful.You might get a chance to make a short statement during mediation.Your spouse will too.Where you and your spouse agree and where you disagree will be the subject of a mediation.Several sessions can be had with mediation.You and your spouse will gather information after the first session.The mediation will help you and your spouse divide the property.You should come to an agreement on this.The cost of your divorce will balloon if you can't, which is why lawyers will get involved.
Step 12: You should get the court forms.
You can use printed forms for family law matters in most states.You can get the forms from the court clerk or the self-help center.You can check with the local legal aid organization to see if they have printed out the forms.Look in your phone book for a legal aid organization near you.The Legal Services Corporation has a website at www.lsc.gov.You can find Legal Aid by clicking on the link at the top.
Step 13: A child custody agreement can be drafted.
You and your spouse need to come up with a child custody agreement if you have children.The two of you come to an agreement about the child custody schedule.You can use the forms provided by some courts.The child custody agreement needs to be as detailed as possible.Information about holidays, vacations and how children will be transported from one parent to the other should be included.You will be able to prevent disputes down the road if you are more detailed.The Montgomery County, Maryland court has a sample parenting plan you can download and use when drafting your own.If you have an agreement with the other parent, be sure to revise it.
Step 14: Assets and debts should be divided.
You need to tell the judge how you will divide the assets.Someone needs to take ownership of the mortgage if you bought a house together.Some courts have forms that you can use to list your assets.If you write a list of assets and debts, you can assign ownership to each.You should go through all of your real property and personal property.You should try to find a division that works for both of you.You need to divide your debts.One of you will take responsibility for the car loan if both of your names are on it.Write a Divorce Settlement Agreement explains how to write up a division of debts and assets.
Step 15: Decide if there will be alimony.
You should come to an agreement about how long you will have to pay the other money.Alimony can last for a long time.If you agree to pay your spouse money for the next few years, he will be able to finish his college education.The alimony is short-term.You can waive any right to alimony.It can be cheaper to waive alimony.Once you waive alimony, you can't change your mind.If you and your spouse agree to alimony, you will need to include it in your divorce settlement agreement.
Step 16: All other forms need to be completed.
There are many different forms you have to fill out.All forms should be completed by you.You might also need financial affidavits.A detailed breakdown of the couple's finances is likely to be requested by the court.This form could be included in the divorce petition.There is a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act.You need to state where the children have been living.
Step 17: You should file a divorce petition.
Take several copies of the joint petition, as well as supporting documents, to the court clerk.The paperwork should be kept by each spouse.The court clerk can file the original.To file the petition, you will have to pay a filing fee.If you can't afford the fee, ask the court clerk if they can waive it.
Step 18: Appear before the judge.
The judge needs to approve the division of assets.A hearing should be scheduled.Before you go to court, be sure to read your divorce settlement agreement.The judge might ask about your parenting plan.Discuss why you think the plan is in your child's best interests.During the divorce proceeding, try to look your best.If you are a man, you might want to wear a suit.Women should try to wear a suit.A conservative dress can be worn by women.Address a Judge in Court has tips on how to talk to a judge.
Step 19: You can compare prices.
If you need a lawyer, you don't have to hire the first name you see in the phone book or the person who helped your brother or sister get divorced.You can compare lawyers' prices.One way to find the cheapest legal help is to schedule multiple free consultations.If you call your state bar association, you can get referrals for a divorce lawyer.Consider giving a young divorce lawyer a chance.A lower fee can be charged by lawyers who have been out of law school for a few years.Although a younger lawyer might not be as experienced, he or she is obligated to seek out the help of a more experienced attorney if any questions arise.
Step 20: Consider legal services that are not bundled.
You need a lawyer for a divorce.You can still manage costs by hiring a lawyer.If you only need a lawyer to look over your paperwork or to represent you in court, this is called limited scope representation.The lawyer can only perform certain tasks in these situations.Unbundled legal services can now be offered by lawyers in most states.During the initial consultation, you should ask the lawyer if this is an option for you.
Step 21: Don't contact your lawyer too much.
You need to be careful when using the lawyer's time.Each 10-minute phone call to your lawyer can add up to a lot of time.Write down any questions you have about the divorce in a notebook.If you have a question, you can ask it in one place.If you have 10 or more questions, you can schedule a phone call and get answers to all of them at once.Don't call your lawyer if you want to complain about your spouse.The lawyer is charging for time.Say something to other people.If you want a friendly ear to complain to, look for someone other than your lawyer.
Step 22: Your court has a family law center.
There are self-help centers for family law cases in some courts.If you want someone at the self-help center to look over your paperwork, you could hire a lawyer.The types of services provided by self-help centers vary.The staff will only look at your forms if you have filled them out correctly.Legal questions can be answered by the staff in other self-help centers.You can find out if your court has a self-help center by calling or stopping in.