No fault divorce is the type of divorce wherein both parties are in agreement and no one blames the other for the dissolution of the marriage. Because both parties are in agreement with the situation, it is not obligatory for each party to use a lawyer. They must file the no fault divorce and wait for the other party to respond. Afterward, both parties will sit down for negotiations on the terms and agreements resulting from the divorce. Filing for a no fault divorce without a lawyer is quite easy. Just follow the steps provided below.
Here are the steps on how you can file a no fault divorce without a lawyer:
- Divorce petition. The couple need not be divorced in the state they were married in as long as they satisfy some conditions. To be divorced, one of the two parties must be a legal resident in the state where the divorce will take place for at least 6 months to a year. When this condition is satisfied, that is when the couple or one of the spouses can get a divorce petition.
- Complete the petition. Fill out the divorce petition. This includes filling out the reasons for the divorce (usually irreconcilable differences), the preferences regarding child care, division of assets etc. Also, secure a proof of residency with the divorce petition. The petition is usually a couple of pages long. Make sure you fill out each blank with the right choices. Take your time so that you can make the right decisions.
- Secure or fill out supporting files. There are some required files and documents that must accompany the divorce petition. These documents include the income tax returns, assets, liabilities, etc. To get the necessary forms for these, you can ask help from legal assistants who will provide you with the important information that you need to know.
- Submit papers. Once you get all the supporting documentation that you need, prepare the divorce petition. Submit the papers so that it can be filed with the court. The court will then serve your spouse the divorce papers. Your spouse will then have to respond within the deadline specified.
- Sit down for negotiations. After this, you will have to sit down with your spouse to settle all the matters regarding the divorce. The agreement must be written out as a marital settlement agreement. You must both agree with the terms. Afterward, the court will decide on the final verdict.
These are the steps that you have to follow if you want to file a no fault divorce without a lawyer. The steps are quite simple and easy if you follow them. If you are having trouble with the settlement procedures, it is best to consult a lawyer regarding the laws and how you can divide your assets and handle child custody issues. It is also important to at least have a consultation with an attorney so that you will be able to know and understand your rights as stated in the law.