depends on how you want to proceed -
if it is mutual - no kids - no property
1. By yourself
2. Both parties in courtroom
but best to check with your state = go see the Clerk of the Court for your county or parish - they will have a civil section - and the clerks there are understanding and can give you some pointers
2006-11-26 14:50:13
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answer #1
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answered by tomkat1528 5
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If you have already got them filled out, the rest is easy honey. Just follow these steps:
1.) Get them notarized.
2.) make 4 copies
3.) take them to your clerk of courts office, located in your nearest courthouse.
4.) pay the filing free ($50-$80)
5.) They will stamp date them and give you a court date. They will keep one and hand you back three.
6.) Then go to your local sheriff's dept. Fill out all the paperwork for a process server (this is the cheapest way to go),
7.) Pay their fee ($25-$50), and leave them with 2 copies.
8.) When your spouse is served, the sheriff's dept will send you back a copy as proof of service.
9.) Take your copy and the proof of service copy to the court hearing assigned.
10) The judge will hear your case and assign necessary personal.. (with children-guardian adlitem & Social Worker, without and the spouse contests, they order mediation)
At that hearing you will be given another court date in which you are to appear. If nothing has changed and everything has been worked out, meaning nobody is contesting the division of property, children, etc., the judge will grant the divorce.
Hope that helps. It's easier than most people think honey. And our fear of the system is what makes lawyers rich. You can do this yourself unless you have issues with children. And if that is the case....you MUST get a lawyer. It gets really complicated when spouses fight over children, and that kind of thing, you definately want a lawyer for, they know all the tricks of the trade to get you what you are asking for.
I wish you the best of luck as you embark on a new journey!
2006-11-26 23:13:45
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answer #2
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answered by Hollynfaith 6
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I'm going through this myself right now. First, it depends on the state you are from as each state law is different. Second, I went to LegalZoom.com for the papers, had them filled out, drove to the local court house and they told me which ones they needed and what to do next. People at the court house are very helpful.
Finally, I have to serve my husband...and he's out of the country. That is where I'm bogged down. I know he will not contest this but I have to find a way to serve him...at this point, I think I will need an attorney for advice.
The court house told me after I have proof that I served him the papers, I wait 60 days and show up for my court date. It isn't so difficult if the person you are divorcing is in the country and agrees to it.
This is my experience only. I'm not a legal professional at all. Call the court house in your county and download the paperwork from Legalzoom...legalzoom will give you some information also. I contacted a paralegal just for support but she didn't charge me anything. good luck
2006-11-26 22:54:33
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answer #3
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answered by Anonymous
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When you are done filling out your papers, go to the county clerks office and file them there. There will probably be a fee to file. They will then set a court date for you to come in before the judge. If you have kids and there are custody issues, they will set a mandatory meeting with a mediator before you go to court.
2006-11-26 22:51:16
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answer #4
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answered by jare bare 6
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I dont know where you live, but in AZ you fill them out, make 3 copies & take them to the court house. I paid $185 to file them & they will make payment arrangments for you if you cant pay it all up front. It takes 60 days in AZ for finalization. Good luck! :-)
Social Worker - 4 kids & aide to the District Attorney.
2006-11-26 23:47:55
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answer #5
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answered by Kim 2
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Just go and talk to them at the court house and they will tell you what to do. They should even give you a sample to use. It is really very simple to do. If your local courthouse won't tell you what to do then it is probably because they are in cahoots with the local lyers...ops, I mean lawyers. Raise a stink.
2006-11-26 22:53:53
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answer #6
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answered by Ricky 2
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