I wish to divorce my wife. I have read about the “do it yourself divorce kits” that you can purchase through the mail for about $200.00. Do you think they are a good idea to use?
The Divorce Yourself kits may work if :
- You have been married less than five years; and
- You have no children with your wife; and
- You own no real property; and
- You and she have not accumulated a large amount of debt;, and
- You and she have not acquired any major assets during the marriage, such as bank accounts, retirement, stocks bonds etc.
If your facts fit the above pattern you may wish the kit. But keep in mind the following – you will still be responsible for the Court fees (approximately $500.00); you must make sure that service of the papers is done correctly; and you must complete the process, including the final filing to make the divorce final and effective.
Why do I put these limitations on this question? Because if you have many assets, kids, real property, or a large amount of debt then you have serious questions and issues that need to be address. The Divorce Yourself Kits – Divorce you—that’s it. They do not determine who will get the kids, how much child support will be paid, how should the real property be divided. Who will pay for the credit card debts etc. These issues need to be either negotiated, arbitrated or litigated. None of which is available to the lay person with the Do-It-Yourself kits.
There are many pit-falls with the Do-It-Yourself kits. It sort of depends on you level of understanding. I learned years ago to hire the plumber rather than try the Do-It-Yourself remedy. The cost of the clean-up after I had made the mess simply made the kit unworkable for me, and cost prohibited. It was cheaper to hire the professional right away.
Also remember that the Courts and the Clerk’s of the Court can not assist you with your forms, service and procedure. For them to do this would be for them to act as your attorney, which many are not trained for, and don’t want the liability of. So please don’t take the papers down to the County Clerk’s Office for filing, and ask a Clerk if the papers are filled out correctly. They can not help you with these questions.
I can not tell you the number of times folks have tried the do-it-yourself kits, and ended up in my office, throwing the whole mess on my desk and saying ‘I give up, you do it!’.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522 or e-mail to cklaw@verizon.net.