If you and your spouse are able to prepare the paperwork and reach agreements outside of court, your only cost may be the court filing fee, which is less than $100 in most jurisdictions. Additionally, you will be able to finalize your divorce more cheaply if you can divide property and debts and reach a child custody agreement on your own, without the use of an attorney or other third party.
Avoid Litigation
As soon as you and your spouse agree to separate or file for divorce, you can avoid unnecessary legal fees if you begin to resolve your legal disagreements prior to consulting with an attorney. For most couples who do not have significant property holdings or delinquent joint debts, it is unnecessary to use attorneys to facilitate discussions on divide property and finances.
If you are unable to reach an agreement on your own, consider using a certified divorce mediator instead of hiring an attorney and litigating your divorce. The legal cost for presenting your case to the judge is often significantly less when retaining a mediator or arbitrator. Mediation services are generally split between the spouses meaning less cost for both parties. Additionally, agreements prepared by mediators generally have the same legal effect as a settlement agreement prepared by an attorney and are legally binding.
Paperwork
Once you and your spouse have agreed to the terms of your divorce, prepare and file your own divorce papers. Each jurisdiction published a book of Rules that includes sample petitions for family law matters, including divorce, child custody, child support and alimony. The Clerk of the Court can provide you with a free copy of your state's divorce guidelines for you and your spouse to fill out either jointly or with the assistance of an attorney, paralegal or legal aid advocate.
Generally, the prepackaged divorce kits available online or through book and office supply stores contain the same materials that are available for free from the Court. Although these kits may come with more detailed instructions and tips, the Court Clerk or public legal aid department at your court may be able to give you personal, legally-binding advice at no cost.
Most private attorneys also offer free initial consultations for new clients. If your spouse is not contesting the divorce and you only have simple questions about court procedures or paperwork, consider using a complimentary consultation with an attorney to clarify what steps you will need to take next.
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