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Hiring a Divorce Lawyer vs. Using a To It Yourself Kit to Fill Out the Divorce Application

Topic: DivorcePublished July 5, 2011

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There are both pros and cons involved in the process of filling out a divorce application. Some people feel more comfortable enlisting the services of a lawyer while others desire to save the money and file the divorce application using a do it yourself divorce kit. Neither one is any better than the other in terms of accomplishing the end result: dissolution of your marriage. However, there are reasons and circumstances under which one method is definitely more appropriate and effective than the other. Before you make a decision either way you need to analyze your own circumstances and determine the best course of action to meet your needs.rnWhen do-it-yourself divorce kits were first introduced, many states would not allow couples to use them if they had children and/or property. They were designed solely for those who wanted a quick and inexpensive way to fill out the divorce application and file the petition when there were no ancillaries involved. The legal system was not designed to accommodate those who wanted to represent themselves in cases involving alimony, child support, custody, visitation and property division; they generally felt that those cases were best left to divorce lawyers. However, with the escalating costs of hiring lawyers, things are turning in the other direction, especially for those who have access to the Internet and online sites that can help a couple fill out a divorce application regardless of where they live. rnMany couples today are choosing to use do-it-yourself kits and instead of divorce lawyers are enlisting the services of private or court-appointed mediators to help them work out mutually satisfying agreements. Unfortunately those couples that are unable to come to an agreement will still need to enlist the services of a divorce lawyer. On the other some couples are choosing to attempt the entire divorce application process themselves, but there are some disadvantages to following this route. • The couples do not always know what their rights are in the divorce and may actually give or take more than the court would award. • If there are reasons other than no-fault, it can lead to a contested divorce in which case the court will insist they hire a lawyer. • If couples make an agreement without benefit of legal counsel, they may later realize they made a mistake and the case could either end up back in court or cause conflict between the couple as they argue over what they should have or could have done. • Couples who did not part amicably could find themselves forced to communicate over settlement issues that would ordinarily take place between their prospective lawyers. • Many couples have no idea to what extent they are protected under the law, especially those who have been married a long time. The wives do not often realize they may be entitled to ongoing health insurance and a portion of the husband's pension when he retires. rnYou should carefully evaluate your situation before you attempt to file your divorce application without the benefit of legal counsel. Of course, if you fall into the "simple" divorce category—no children and no property—you are not likely to forfeit anything by filing the divorce application with the court on your own.

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