My friend lives in Iowa, has decided to divorce his wife. They are not contesting anything, want 50/50 with their two daughters and agree on everything. The question is does he have to pay an attorney $2000 to get the divorce or can he get the necissary papers and do it himself for around $300?

fredg

Hi,
The old saying "you get what you pay for" is very true.
Find a lawyer that doesn't charge $2000, and use him.
Get your own lawyer, and let your wife get hers.
"Friendly" divorces are as friendly as one thinks, sometimes!
Best of luck,
fredg

senator

Spoken like a true lawyer (my mother would have been proud of you, CA Bar 1948), but not a true statement, at least in this case. There are many times when one will be forced to aquire attorney services in order to get a good result, but an uncontested divorce is not one of them.

If your friend and spouse are on friendly terms and agree, try the way I did it and save a bundle .

Many courts have a pre-printed packet of forms for the "do it yourself" divorce, or they are available locally from a commercial source. The proceedure is not difficult and the money you save can be used to take the kids out to a really expensive amusement park, probably more than once.

Here is how I did my divorce in New Mexico.

1.Went to court house and picked up packet (if they do not provide those, ask where they are available).
2. Filled out same with hubby.
3. Filed at court house
4. Picked up and took hubby to sheriffs office so he could be served the papers (they loved it, did not have to chase down).
5. Appeared in court with hubby.
6. Both of us collected a copy of the final decree

Simple, easy convenient and my divorce actually cost $75.00 for filing and $12.50 for the sheriffs service. Now what was that about $2, 000.00?

Now the above poster's name says lawyer, I have a great deal of experience at law, including beating the pants off a city attorney, who advertised that he was "Harvard educated," in court. I am pro-attorney where it is truly needed, although I am anti rip-off which includes the over inflated attorneys fees these days.

ranieri

A girl I work with did it herself but husband-ex and she agreed on everything down the middle. Went to court house paid costs, filed. And only spent 30 minutes in the court room finalizing everyhting. This amazes me. Good Luck peace ranieri

senator

Always remember that this is strictly dependant on both parties agreeing and cooperating. If there is any disagreement that can not be worked out by a sensible discussion (no shouting or arguement) then it is time to shop for seperate lawyers. Do shop around because prices do vary (sometimes considerably) and make sure the attorney specializes in divorce.

fredg

Hi,
Senator seems to be into not only answering questions, but in criticizing others' answers as well. You must understand that in any situation, there are varying opinions.......yours is only one.
There are cases on record where non-contested divorces, without a lawyer, have turned into pure hell for both parties involved, later on.
It's best to each have their own lawyer; having the same lawyer means that lawyer is not looking out for YOUR best interest.
No, I'm not a lawyer; but, you apparently don't understand one thing:
A simple mis-leading statement in a divorce decree can, later on, mean much, much more heartache and court appearances.
Again, you get what you pay for.
Best wishes,
fredg

senator

"Senator seems to be into not only answering questions, but in criticizing others' answers as well."

I have no idea where you are coming from fredg. There was no criticizing here, only a reminder that an attorney might be needed at the right times.

"You must understand that in any situation, there are varying opinions.......yours is only one."

True, but understand too that disagreeing is not necessarily criticizing, and I do disagree with the "it only works if you hire an attorney" concept.

"It's best to each have their own lawyer; having the same lawyer means that lawyer is not looking out for YOUR best interest."

Most attornies do not have anyone's best intrest in mind except their own, their bank account.

"There are cases on record where non-contested divorces, without a lawyer, have turned into pure hell for both parties involved, later on."

Only happens on a very small precentage of divorces that include child custodyand only because of later ex-partner situations.

"A simple mis-leading statement in a divorce decree"

The judge covers these statements in the hearing to make sure each party really agrees.

"Again, you get what you pay for."

You sure do, and what a bargin when you are able to properly do it yourself.

"No, I'm not a lawyer"

Could have fooled me.

s_cianci

He'd be smart to get a lawyer and pay the extra money. If this is as straightforward as you suggest (they're basically in agreement to split everything 50-50, etc.) then a lawyer shouldn't cost that much. Lawyers charge by the hour and if nothing's being contested then it won't take a lawyer too much time to draft up and file the necessary papers. When there's court appearances and lengthy hearings involved, that's what drives up the lawyer's costs. However, according to your post, none of this should be necessary.

fredg

Hi,
I totally agree with "s cianci" in having a lawyer. Costs vary, and you can ask the lawyer in advance what they would charge for a simple divorce. It really is the smart thing to do. So many divorces cause hell in later times, simply because everyone "thought" it was going to be simple without a lawyer.
When children are involved, unfortunately, there are many, many issues that can come up later......so, be prepared.
Visitation rights can come into play later, with many problems.....so can child support.
Best of luck,
fredg

senator

To solve the lawyer-no lawyer question of this discussion. I recommend that you go to the Divorceinfo, Uncontested Divorce web site at:

http://www.divorceinfo.com/uncontesteddivorce.htm

The author of this site, Lee Borden, is a lawyer and divorce mediator and he discusses uncontested divorce; offers advice on when an attorney is or is not needed, offers links and information on do it yourself divorces and a lot more.

The end result, lawyer or not, is that you, the person seeking the divorce, stay in control and Lee shows you how.