Legal: What You Should Consider When You Think About Divorcing Using a Kit
Q: I see these divorce kits advertised all over the Internet. We have no money, few assets, and no kids. Is this a good idea?
A: They may work. Although be aware that, because of the requirements they impose, some have been frustrated when going this route. On the other hand, there are plenty of others were satisfied. The forms will take care of the paperwork if the matter is truly settled.
But divorce kits don’t always explain the other requirements of the court. Sometimes counseling is required, and there is no guideline as to how to set it up. Sometimes more than one hearing needs to be set, and there is no one to explain how to do it or where it needs to be done.
Without an attorney, some people try to appear congenial with the court. They have been known to make statements like, “Maybe we could get back together someday,” while they know they cannot and will not. They are being rhetorical and displaying an anything-is-possible attitude, which the judge misinterprets as the marriage not being irretrievably broken.”
So the divorce is not granted, and the parties walk out of the courtroom stunned and still married. If you are the type of person who can read the directions, follow the instructions and figure out what needs to be done, they may work for you. Your local court may have a kit that complies with the local rules and customs.
With the online kits, make sure that it is for your state and try to find feedback from people who have used the kits. It’s not a bad idea to do your research! However, don’t be afraid to hunt for a lawyer who will do the work for a fixed fee and a reasonable rate. You might be amazed at the rate you can negotiate for a simplified dissolution if you have all the information.
