Is It Possible To Get Free Divorce Papers?

Divorce can be costly. It often costs money to hire an attorney, a person who may give you a better chance at reaching a compromise that is satisfying to you. And while divorce has many associated expenses, there are options to go through the divorce in a way that is affordable. In this article, we'll discuss divorce papers and advise you on the chances of obtaining them at no charge.

The divorce papers

Divorce papers are the petition that you serve to the person from whom you are requesting the divorce. The petition usually contains information about your marriage, and it sometimes contains requests for how the petitioner would prefer the marital property to be distributed. 

There are many types of divorce forms. Depending on your state or county, you may be required to complete different forms, and you might want to know what you need before you file. Some forms that may be required in addition to the petition include:

• Summons: You send this to your spouse, and they can choose to respond to it. It is sometimes handed to your spouse by a government official such as a law enforcement officer.
• Financial affidavit: If alimony or property division are involved in your divorce, a financial affidavit might be included. Spouses may attest to their net worth in this affidavit.
• Notice: The court will give you the date of your hearing, if one is necessary. You will often receive a notice in the mail, often a month or so in advance.
• Settlement: The settlement agreement is when you and your spouse reach a compromise on what you want when it comes to property distribution or other matters, such as child support. Not all divorcing couples will be able to come to a settlement on their own.
• Decree: If both parties reach a compromise, the divorce agreement will be finalized pending the judge’s approval.

Getting free papers

When you want to get a divorce, you might be able to get your papers through various means. The cheapest way may be to get the papers online. The forms might even be free to obtain.

The website for your state’s supreme court might have the paperwork for you. The paperwork also might be found on your county’s website. This can be confusing in some jurisdictions, and many people hire preparers to make sure the papers are in order.

You can sometimes file online if the divorce is uncontested. An uncontested divorce is when you and your spouse agree on most of the divorce-related matters that must be decided. If you and your spouse don’t agree on everything, it could be useful to negotiate. Matters that may be relevant to your divorce include:

• Property division, including the marital home
• Alimony, which can be temporary or permanent
• Child custody arrangements

Even if you and your spouse originally set out to execute an uncontested divorce, you may still need to talk to an attorney. Filing your papers online might not work unless the two of you reach an agreement. It can be challenging to reach an agreement when emotions run high.

Third-party resources

There are some third-party resources you may be able to use if you need help finding the documents online, but some are dubious, outdated, or outright a scam. Some claim to be free but end up costing money. Filing for divorce under an outdated law can force you to restart the process all over again.

Where can you look for a good site? There is no straight answer, as that may vary among states and counties. However, good websites will usually be highly rated and may even give you a choice to speak to an attorney before you file. You can sometimes get a free consultation with an attorney. You may also choose to get all your forms reviewed before obtaining and submitting them.

Getting papers in person

Sometimes, the county website does not have the papers you need, and online searches prove fruitless. In that case, it might be best to get the papers in person. If you want to get your divorce papers in person, you may be able to obtain them for free. There may be a chance they don't have the papers, and they will instead send them through the mail.

After you obtain the papers, it can be useful to make copies. Some clerks may want multiple copies of your papers. Sometimes, they'll copy them for you. Having copies can be good in case something happens to the original papers. Preserving your documents digitally may also be a good idea.

The filing process

You can file your papers online through the website if the option allows you to, or you may be able to bring in the files to the clerk's office. It might be useful to ask the county clerk any questions or voice any concerns you may have. The laws may change, or you may be overlooking something. In some jurisdictions, you also must have been a resident for a certain length of time to file for a divorce.

Filing fees

Most courts charge money to file for divorce, and the amount can vary. Sometimes, the fee might be as low as $100. Other times, it can be $500.

If you can't afford the fees, you might be able to get them waived. Your local government may have information about getting your fees waived. You may have to apply for it or prove that you don't have the money required, but by proving you can't afford it, there's often a good chance you can have the fees waived.

Sometimes, the best way to save money on divorce is to reach an agreement with your spouse by yourselves. That can be challenging in some instances; the two of you are likely experiencing intense emotions, and even-keeled attorneys may be just what you and your spouse need.

If you need to, considering seeking help from professionals

Before you get the papers, it can be good to pause and think about the reason you're getting a divorce. Sometimes, divorce is best for you, your spouse, and your children, as may be the case if there is domestic violence. Other times, you may decide to divorce due to a simple miscommunication, for instance, and by seeking marriage counseling, you may be able to stay in a marriage that is largely happy for everyone. While staying married might not be the best decision for you and your spouse, online therapy may help you come to the best decision, whatever that may be. Using an online couples counselor can allow those with physical limitations or challenging financial situations easier connection to therapy.

Although online therapy may be a new phenomenon in the eyes of many people, its effectiveness has been strongly suggested in many studies. In one, nearly three-quarters of online therapists hinted they would continue offering virtual counseling to couples in favor of in-person settings. 

Takeaway

In most states, getting the necessary papers and legal forms for a divorce costs some amount of money. If you are looking to reduce the costs of your upcoming divorce, certain methods of obtaining the divorce papers for free may be available to you. The ultimate cost of your divorce will likely depend on many factors.