# I don't know where to start! help



## ladybird (Jun 16, 2010)

I have a couple of questions.

How do i start a divorce? In my state I have to wait at least 3 months before I can file... Do i have to fill out separation paper work first and after the the 3 months is up, do they push it??? I have no idea on the stuff..

Can I print all the paper work on line and fill it out or do i have to go to the court house or talk to an atty to get it? 

This is all so confusing. 

Thanks


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## C3156 (Jun 13, 2012)

This really depends on the state, I would recommend you spend some time on the internet studing your particular state's statutes on divorce.

Here is a typical senario (generic):
- Legally separate (Different by state)
- Develop separation agreement - ensure to include custody and even marital property if you can agree
- You can file this with the court if you like (again state dependant). It can become the final if there are no changes down the road.
- Go about starting your new life separate. Get into the custody schedule and separate finances & property.
- After the required time, submit paperwork for final divorce.
- Goto court and get judge to sign and enter into record.

This is assuming that everything can be worked out between the two parties, otherwise known as an amiable divorce. All paperwork submitted by you with no lawyers and you can reach an agreement like adults.

If one side gets a wild hair and decides to dipute anything, all bets are off. You still follow the basic process, but there can be additional steps (mediation, court hearings) that will slow things down and if lawyers are involved, money will become a factor.

To your specific questions:

1. You need to legally separate from your spouse. Determine a custody schedule (if you have kids) and start to work on division of property. Some states require a separation agreement, some only recommend it. Once you reach the required waiting period, submit your formal paperwork for divorce to the court. Usually there will be at least a court appearance for the Judge to ask a couple of questions and if there are no problems, they will sign off. The court will not push your paperwork for you, you need to do the work.

2. Yes, you can do this without a lawyer, it is called pro se. Print the forms and file with the Clerk of the Court. If you have questions, ask the clerk. They are usually pretty helpful. This works good for an amiable divorce. If your spouse uses a lawyer, it would be best to at least consult a lawyer to read anything they will send you to make sure it is in your best interest.


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## 827Aug (Apr 27, 2008)

Get a good divorce attorney.


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