Divorce-101: Divorce Kits and How They Work

The ideal divorce kit serves as a step-by-step guide for the divorce process. Typically, you purchase the kit and then load the forms, instructions, applicable divorce law information, etc., onto your computer. Some kits are also available online, where you can fill in the forms via the provider's Web site. You should also check with your county or state to see if one is available through a government agency.

You complete the necessary forms for your marital situation and file them per the kit’s instructions with the appropriate court in your state. While the most-simple divorce kit process can be initiated in a few minutes, going the do-it-yourself route does not change your jurisdiction’s divorce statutes. A court still must approve the documents and issue the final decrees. 

However, if your divorce is uncontested, then, in addition to operating without an attorney, you might be able to avoid or minimize court appearances, which also reduces costs. In the best-case scenario, the judgment will be sent to you.  


THINGS TO LOOK FOR IN A KIT

Make sure the kit has all the up-to-date forms, with samples of those completed documents, for your state’s filing requirements and, in particular, your personal circumstances. In addition to the actual forms that must be filed, look for a kit that includes worksheets and examples. The kit also should provide information on your state's divorce laws. You want a kit that provides comprehensive instructions, not only regarding completion of included forms, but as to what you can expect during the divorce process.   

Make sure the kit offers some level of support, e.g., online or by phone.  And because divorce is such a critical personal, emotional and financial decision, even if you do find a kit is appropriate for dissolution of your marriage, don't totally discount legal advice. It might be a good idea to spend a couple of hundred dollars for an attorney to review the kit’s documents before you file them.    

In addition to the emotional costs of divorce, there are the very real, and often very costly, financial costs. Most of that expense is attributable to attorney’s fees. In major cities, the hourly rate for a divorce attorney can run as high as $700. Even when a proceeding is not complicated or contentious, the price for representation quickly mounts. Because of that, couples often look to a divorce kit to dissolve their marriage more economically. These pro se (Latin for “for yourself”) proceedings cost only a fraction of traditional, attorney-assisted divorces.  Of course, saving some dollars on legal representation isn’t worth it if your do-it-your-self divorce ends up costing you in other ways, such as settlement terms you didn't realize were, or would become, fiscally unfavorable. An attorney might have prevented that and saved you money in the long run. 


DOES THE KIT FIT?

So the first question to answer is whether your circumstances lend themselves to a divorce kit. They might if:       

• The divorce is uncontested.
• There are no children, or at least no minor children requiring financial support.
• Both parties agree upon division of marital assets.  
• Both parties are employed and financially self-sufficient.      
• Your divorce is no-fault, meaning you aren’t required to prove grounds for the marriage’s dissolution.
• If grounds for divorce are required, you are able to easily show them.

If both parties determine that they are good candidates for a do-it-yourself divorce, most turn to a divorce kit. 


TO READ MORE:

Click here to read a related story about your legal options in divorce.

Click here to read expert advice on if you should file for divorce using a divorce kit.

Click here to read expert advice on how to save money with divorce kits.