I have my legal documents already. I am just needing to file at the county clerk but no quite sure what to do from there.
I want to add that we don't have any property or debts together and we have agreed on not forcing child support. With there is nothing to divide between us it should be an easy process. We both agree to the divorce and was researching where we should not have to involve an attorney. Trying to save on any unnecessary legal fees.
Aaron Scott HillFamily Law AttorneyMonticello, AR ·
The level of complication changes depending on your spouse. If they are in agreement, there will need to be a hearing date set at least 30 days after you file. If you know where your spouse lives you will need to serve process, if you do not know where your spouse is, you will have to serve through a warning order. If your spouse wants to contest the divorce, you may need an attorney. The clerk can give you the dates that Domesic Relations (DR) matters are heard. When you file you will be assigned a judge, your county may require you to go before that judge alone, but may allow you to be in front of any judge on any DR day. You just need to make sure that you pick a day far enough out to be legal in getting process to your spouse for when you send notice to them.
This is always a difficult question to answer on a general question and answer forum. There are certainly cases in which the expense of an attorney may not be necessary, but it is often a question of "do you know what all you do not know?" Sometimes people represent themselves, and find out later they got a bad deal because they did not know that they were entitled to something, or even how to ask for it.
Also, because we deal with the issues all of the time, an attorney will often look at a case and evaluate it as very easy, no real expertise needed, but then people often have a difficult time getting through the divorce hearing because they do not have the background to know what they are supposed to do (and the judge is not allowed to give legal advice).
Hard to answer. There are usually issues missed when you do it yourself which can make a free divorce cost thousands of dollars. Before you file, see an attorney and find out exactly what your rights would be and then make a decision.
Best to consult with a local attorney on your wisest course of action. Even an initial consultation can help shed insight into what makes the most sense. I drafted this response to this basic FAQ for residents of New Hampshire. You might find some of the initial info helpful. But, please rest assured, you will need to consult with a local attorney in your state for specific advice and guidance.
It is always advisable to consult an attorney on the specifics of your case; there might be rights you are foregoing (which you didn't even know you had) by trying to represent yourself. Many attorneys provide free initial consultations; see if there are any in your area. Best of luck.
As an aside, you may need an attorney for the aspect of child support. While you and your husband might agree not to pay, some judges don't look too favorably upon this. I'd at least consider getting a consultation. If you have no money, consider contacting Arkansas Legal Aid to see if you might be eligible for assistance.
