What if I Can't Afford a Divorce?

Okay, you’ve split and neither of you have the money to hire an attorney. What do you do now? Some attorney’s who advertise for cheap divorces may not have your best interests at heart. Also, using a divorce attorney to settle your disputes can often make many aspects of your married life public. Here are some tips on finding the right lawyer or using your state or local resources to protect you during your divorce.

If you are recently separated or have been separated for some time, the best way to keep from airing your dirty laundry in public is to file for an “uncontested” or “no-fault” divorce as a pros se litigant.  Pro se literally means, “to represent oneself.”  It is wise to note here that if you have large assets and property, or you are the victim of any sort of abuse, an attorney who specializes in this area should represent you.  To contact an appropriate divorce attorney in your state, find the local bar association for your state and search for “divorce attorneys.”  Many bar associations list them by their specialty.  All fifty states in the US have their bar associations posted on the Internet.  Each site also offers contact phone numbers if you have any questions.

However, if you think you can go this alone and the two of you can agree on your assets, child visitation, etc., you must first create a Marriage Dissolution Agreement (MDA).  This can be created yourself if you feel you can cover everything, or you can go to a local office store chain and find one where you fill in the fields.  When completing your MDA, remember that you are agreeing to a “no-fault” divorce and that means no party is responsible for the dissolution of your marriage.  Once you complete the required fields and you both sign, you will only have to pay court-filing fees, which vary state by state.  This process may take a little longer than if you have a lawyer, but on the other hand, some lawyers are not worth the money.  You can also purchase a low-cost Marriage Dissolution Agreement at www.urgentbusinessforms.com for only $29.95 or www.freebusinessforms.com for $19.95.  If you want to forget about retainers, pleadings, and attorney fees, this may be the best route for you.  Check with your state, local or county government on the cost of a court-filing fee.  Once everything has been processed and a judge agrees to the Marriage Dissolution Agreement you have both signed and filed, he or she will issue a Divorce Decree.

If you do think you require an attorney, after you check with your state's local bar association and find a divorce lawyer, check with your state’s Better Business Bureau to see if he or she has any complaints against them.  Most state bar websites will also post any complaints against lawyers which are members of their bar association.

Remember; don’t feel like you are in this alone.  Use your family and friends for comfort and advice.  If you both feel like you can split amicably, this may be the best route for you.  Talk to your partner after you split and offer up the idea.  He or she may be happy you are willing to agree to go this by yourselves.  Ultimately, if you can’t afford an attorney, this is a much better way to complete your split, otherwise, if you stay “separated,” you could still be responsible for the other’s debts.