Home Divorce Self Help and Self Representation
Self Help and Self Representation PDF Print E-mail

Here are some links to the forms and sites I find most helpful and use in my own practice.

Yavapai County has forms in the Clerks office and on line.

Maricopa County has a large library of  forms.

A useful on line and free tool for finding specific Ariozna law regaridng divorce and child issues can be found through the Findlaw site.

The Arizona Supreme Court has a very comprehensive Self Help Center on divorce and other legal issues. It includes forms and instructions.

Legal representation is never something you plan for.  Even with offices like me who offer affordable payment plans and flat fee representation, the costs of legal help may be out of your reach.  Many folks turn to document preparers and internet forms for help.  Courts have also develpoed "do it yourself forms" that can be very helpful in helping you without the involvement of a lawyer.  There are dozens of places to find "on line" assistance with forms and instructions.  However there are three key situations when it is almost never advisable to do it yourself.

 

1.  If the other side has "lawyered up", you are in for a world of stress and aggrevation. Legal rules of procedure are complciated and the plea to the judge that you are not a lawyer, buys you no slack or sympathy.  In fact you are held to the same standard as any attorney. You are presumed to know the law, know the rules, know how to file the proper papers, know how to present evidence and know the correct way to question witnesses at any hearing. Very few non-lawyers are up to these tasks.  Coupled with the emotional stress of the divorce itself, it can be overwhelming.  If you are diligent about payments or there is a reasonable prospect the otherside will have to pay some or all of your fees, you can get representation for almost any proceeding.  My office at times represents clients in a single hearing or procedure.  This can often be done at substantially reduced fees.

2.  If serious allegations of abuse or criminal behavior are being levied against you, you need a lawyer. Period.  Your relationship with your children is on the line and you simply have no choice but to find a way to hire a lawyer.

3.  A complicated, complex issue of community property or debt certainly calls for the help of a lawyer. Paying for a few hours of research or the  lawyer's experiance with a particular issue can ultimately result in wise money spent. The internet is too quick to make you an expert on any given subject.  Wikipedia, Google and other data bases are no substitute for a lawyer's personal knowledge about the law and his ability to find the right arguments for your position.

By contrast there are several situatoins when you may never need the assistance of a lawyer. 

  • Both parties mutually agree that it is best to divorce and that its TIME to get one. Often one spouse or the other isn't emotoinally ready for a final divorce.
  • There are no minor children involved. But if you have kids and are in agreement on custody, vistiation, and support do it yourself forms are still an option.
  • There is not much property or debt, and everyone agrees on how to divide it.
  • There are no retirement or pension plans, investments, or stock options. Again, if there is agreement on how to divide these, forms can get you a long way down the road. But legal division of these assets can be tricky, even when there is an agreement.
  • Your spouse has not already retained a lawyer or filed any papers or judgments
  • There is no impending bankruptcy.

Over the years I have assisted folks who merely want assistance with drafing document for filing, A document preparer can't give you legal adivce.  Even a form may require a legal interpertation of a particular situation or fact.  I offer affordable consultations, stating at $40.00  to assist you in the preporation of forms and I can answer specific questions that may make the filing of a self herp form more effective.

 

 

 

 
Gil Shaw, Trial Lawyer