How hard is it to get a Do-It-Yourself Divorce? Of course, it will vary, from state to state but after assisting my daughter going through the process, I can say first hand, it was relatively easy. At least that's what we have found here in Texas.
After an internet research, we found books with actual legal forms available for approximately twenty-five dollars. The "How-To" book was state specific. What did the process involve? The divorce required little more than a computer, a bit of skill using MS Word and time to read and follow instructions to complete the forms?
The first document was the "initial filing" known as a "Petition". Once completed, you, the Petitioner, take the document to the County Clerk's office where it is assigned a number then registered as temporary orders establishing custody, support, etc. This filing cost approximately $250 in Texas. The clerk will provide a list of any additional actions required by the judge, county or state such as parenting classes.
The next step is notifying the soon to be EX now identified as the Respondent. The process can be accomplished by a peace officer serving the papers (costing approximately $150) or the Petitioner hand delivering the papers and the Respondent signing a Waiver in front of a notary stating they have been notified. A word of caution, those signing the Waiver should read and understand what they are about to sign. The Waiver is then filed at the County Clerk's office by the Petitioner. At that point a 60 day waiting period is required in Texas. That may vary from state to state.
If the Respondent has signed the Waiver their responsibility in the divorce process is complete. The additional documents will be completed by the Petitioner and after the Decree has been presented, signed by the judge, and filed, the Respondent will get a copy with the final orders from the court.
Completing the Decree is time consuming and involves several "Exhibits" in spite of even the most limited of assets. Some of the documents included are relating to child custody, child support, visitation, division of assets, debt responsibility, and taxes. The key is to read carefully. Visit each of the sample "Exhibits" and complete the ones that apply to your specific situation. The book we used provided captions for each of the required information fields and we stepped through the completion in a matter of about eight hours.
Once the Decree is completed and both parties have agreed to the content, the papers are filed at the County Clerk's office. If the Respondent has signed the Waiver their signature is not required to file the Decree. The Petitioner moves forward with little or no interaction with the Respondent. Again, take the Decree and all supporting documents or "Exhibits" required by the specific situation. Refer to any additional provisions stipulated by the court when the Petition was files. Make sure all appropriate actions have been taken.
Again, there may be a wait of several days before an actual court date is scheduled. In our county, my daughter had to show up at the county clerk's office to sign up for court at a predetermined time and wait her turn.
In my daughter's case, her soon to be EX was the one suggesting divorce. She agreed and basically kept the process rolling. The EX signed the Waiver and the rest was handled without any additional involvement from him. Child support guidelines for each state will differ but it is a percentage of a base salary. The judge will determine if the Respondent's financial obligation listed in the Decree is within the guidelines. With supporting financials, the judge accepted the amount entered in the case of my daughter's Decree.
The final hearing in front of the judge was brief, not more than twenty minutes. The judge gave my daughter a "cheat sheet" She read through the script inserting names as appropriate. The judge reviewed the Decree, asked a few questions and signed it.
That was it, a divorce for $250. The county clerk will notify the Ex at the address he gave on the waiver. My daughter is now ready to begin her new life as a free woman.
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