Anyone who's gotten divorced can tell you it's a lot cheaper to start a marriage than end one. Not only are your assets subject to division, but you have filing fees, service costs, and an attorney to pay. With all that in mind, and the low availability of legal services across Oklahoma, it's no wonder that people in Guymon and beyond want a quick, uncontested divorce without getting a lawyer involved. But whether that is the right option for you depends on a few different things.
Children
The first thing to consider is children. If you have any children with your spouse, getting divorced without an attorney is generally a bad idea. Custody, visitation, and child support are complex matters that really need the guidance of a lawyer to be handled correctly. Not only is the law complex, but the emotional intensity of a divorce makes things even more difficult. Unless you and your spouse are in total agreement on what you want for your children, you should at least consult with a lawyer before finalizing your divorce. Even then, it is best to speak with someone to know what your rights and responsibilities are.
Property and Debts
So let's say you don't have any children with your spouse. Can you download some Oklahoma divorce forms and move on? Not really. Instead, you should consider what kind of property and debts the two of you have. When you get divorced, the court will generally split up all the property and debt that you and your spouse acquired during the marriage. Property and debt division is often misunderstood and most people need the guidance of an attorney to sort through it. And the more property you have, the more complex it becomes. Generally speaking, if you own any property bigger than a car, you should probably consult with an attorney before getting divorced.
Length of the Marriage
Okay, now let's assume you don't have any children with your spouse and you don't even own a car. The last consideration should be the length of your marriage. The longer you are married, the greater an interest you have in things like part of the other spouse's retirement and alimony. Generally, if people don't have a lot of property, there isn't really a good case for alimony or anything else. But there are exceptions and if you want to know if you fit into one of them, you would do well to speak with a lawyer in Guymon before you seek an uncontested divorce.
Getting Advice
If you are one of those couples that truly has no children, no assets, and no debt, can you get divorced without an attorney? Well, there's no harm in at least talking to one. Dealing with the courts can be confusing and intimidating and you may want someone to help you understand what is going on. But, if all the judge has to do is dissolve your marriage, give each of you your separate personal effects, and tell you each to pay your own debts, then you may be in a position to get divorced without an attorney.
But just because you may not need an attorney to handle your entire case, doesn’t mean you shouldn’t turn to one when you have a legal problem. Plenty of places claim to provide simple divorce forms that can be used in courts across Oklahoma. But, often, you don’t get all the paperwork you need because the forms tend to be prepared by non-lawyers.
If you want to discuss getting professionally prepared divorce documents from a licensed attorney, contact the Law Office of Evan Humphreys, PLLC to see if we can help you.
The content of this post is provided for informational purposes only and is not intended to be taken as legal advice.
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