Continued from Getting a Divorce in Lincoln, Part 1
With Children But With No Custody Disputes, Visitation Disputes or Property Disputes
If this is more like your case, then you need to read here–again with a similar caveat from the court:
[T]hese forms and instructions are intended only for divorce cases where:
- There are children but custody and visitation have been agreed to by both parties;
- The husband is the father of all of the minor children of the wife;
- The wife is not pregnant and no children are expected;
- There is no real property (real estate), nor an ongoing business being operated by one of the parties, and all other property has or can be divided without argument. The parties are fully aware of all debts incurred during the marriage and have or will be able to agree on who will pay each debt.
- Neither party has a pension or retirement plan with his or her present employer, or from a past employer.
- No alimony will be requested by either party.
NOTE: UNLESS YOU MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ATTEMPT TO DO YOUR OWN DIVORCE USING THESE FORMS AND INSTRUCTIONS, AND YOU SHOULD NOT PROCEED WITHOUT THE HELP OF A LAWYER.
Look, I’m no lawyer. I’m simply a writer who gets paid to look into these issues. That being said (and I’ve been divorced twice, myself), as I read what the court is saying, it occurs to me that the court is warning folks to resist the temptation to represent themselves in court, unless they know exactly what they are doing, right up there at the same level as an attorney.
For instance, it seems to me that the court is most definitely saying something like this: If you and your soon-to-be-ex can not agree on child visitation, child custody and/or property division, then you have no business trying your case in court without an attorney. Obviously, if you don’t know the law, you’re very much at risk because the court can–and probably will–hold you to the exact, same standards as if you were an attorney.
And, listen, I do know this–it can be very difficult to change (modify) a court order in a divorce once it’s entered.
I’ve even heard attorneys tell other attorneys to “leave your ego out of it” and let the professionals who are not at stake handle the negotiations. And–remember this–for many people, nothing fires up the lizard-brain emotions so fiercely as divorce. Bottom line? If you are contemplating a contested divorce, you almost certainly need a good lawyer.
Final thoughts, considerations
Regardless of which route you choose, you need to be aware of the following information from the Self-Help Center.
Divorce forms – With No Children or Property Disputes Involved
Fifteen different forms are listed under this heading–here’s the first three, simply for example:
- Complaint for Dissolution of Marriage–No Children;
- Instructions for (preceding);
- Confidential Party and Social Security, Gender, Birth Date(s).
Divorce forms–With Children But With No Custody Disputes, Visitation Disputes or Property Disputes
A similar number of forms are involved; here’s the top three:
- Complaint for Dissolution of Marriage, With Children;
- Instructions for (preceding);
- Confidential Party and Social Security, Gender, Birth Dates.
You can get help
Whatever you decide, always remember you can get help. Divorce is a life-changing, serious decision. You do not have to go it alone.
No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.
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