I found the forms, please help!

[simkoja]

I found a web site that said that I could file a Marital Settlement Agreement and a Petition for divorce on my own, without a lawyer. I found the forms that I need, But would really like some help filling them out correctly. Also, if I try to do this and something goes wrong (filled out incorrectly), What will happen then? It seems to me that I have nothing to lose by trying.

Thanks!

 

[carney]

A judge wont sign papers for divorce unless the husband signs them too. Also there can't be a child involved with those easy divorce papers.

 

[simkoja]

I had planned on trying to hunt him down to get him to sign and on the one paper it has a place for custody information. The forms look exactly the same as the ones I have seen filed by lawyers, are you sure they wont work. Here is a link if you want to look at the form.

http://www.ilrg.com/forms/divorce-mc-setag/us/tn


Thanks for helping!

 

[carney]

You can always try it and see, but the judge wouldn't sign the papers when my step daughter filed that way. He told her that her husband had to be there in court too because they had a child and the mother and father have to be there to decide on the child stuff.
I have heard of cases where the father's whereabouts were unknown and the mother had to have a lawyer to go through certain steps to find him or run newpaper notices and then if there was no response, the judge would grant it because measures were taken to notify him.
I also have a friend who was divorcing her husband and he was in jail at the time. He was notified of his court time but didn't arrange to have the jail take him there and for some reason they didn't make him go. The judge wouldn't grant her the divorce (they had a child too) because he didn't show up and the judge rescheduled the court date. He didn't show for that one either because immigration had already deported him and she told the judge that but he still wouldn't grant her the divorce. He said that her husband had 1 month to show for court and if he didn't that time she would have to have papers from immigration that he was deported. She got the papers and finally was granted the divorce but the judge left the child custody and stuff unsettled, giving her "temporary" custody instead of regular custody. She wanted to go back to court to try to get the custody finalized and talked with a lawyer who told her "Don't worry about it. He can't come back into the country for 10 years, so it doesn't matter." She still doesn't like the fact that she only has temporary custody but it would cost her $2000 to try to change it.
I don't know how much it costs to file papers on your own. You can try, but they may not let you.

 

[NYClex]

Also, if I try to do this and something goes wrong (filled out incorrectly), What will happen then? It seems to me that I have nothing to lose by trying.

Thanks!

Are you so sure? If you make a mistake on these forms and the judge signs off on it, then you will be stuck with it. Do you really know what is involved with custody and visitation rights? Do you know what assets you and your husband have and how they should be divided? Do you know what claims you might have for retirement funds etc etc.? You could lose a lot if you don't know what you are doing.

That is what attorneys are there for. I understand that some people think it is so easy and why should they waste money on a professional, but think twice: would you try to pull a tooth yourself or would you see a dentist? Would you rather have your child be born in a hospital or alone at home? In certain situations we never would think of doing something without a professional.

Divorce should be such a situation, especially when children are involved. There is a lot to lose.

 

[simkoja]

Thanks

Thank you so much for your replies.

Also, it is not that I do not want a lawyer, I would love one. However, at this time I cannot afford to hire one.

Thanks again!

 

[evan05]

need advise

I have also but not exactly the same case. Hope to here advise also from you folks. here it goes.

I'm living here in california and I wanna file a divorce to my wife who live in the Philippines. Im not a US citizen but I wanna marry a US citizen. Can I file a divorce here without the presence of my wife? Is it possible even if she did'nt agree? We have a son who lived with me now. How about the child custody. Can I win it? Hope to hear your advise....Thanks a lot

 

[Duranie]

Every family court in CA has a family law facilitator, you should call them and see what needs to be done.