Can i file a uncontested divorce by myself?

Asked about 2 years ago - Indianapolis, IN

There will be a custody battle down the line, but we will be getting counsel when that time comes.

Attorney answers (3)

  1. David James Steele

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . i pretty much beg you not to. Especially as you are going to argue about custody later, just get one now. I have at least 4 cases right now where all I am doing is cleaning up after people who tried to do it themselves.

    If this answer was helpful, or the most helpful, I would sincerely appreciate you marking it as such..
  2. Brooks James Grainger

    Contributor Level 12

    4

    Lawyers agree

    Answered . In addition to the fine answer above.... If you enter a custody order as part of the uncontested divorce you will severly limit your ability to fight over custody down the road.

    Say you enter the divorce decree December 1. Then on Feb 10 you file for custody. The judge is really only going to want to hear about what changed between Dec 1 and Feb 10. If the things you think mean you should have custody over your spouse existed on Dec 1 the judge may well say you should have dealt with that then. It must not have been that big of a deal to you since you agreed to a particular custody arrangement.

    If there is going to be a fight over custody, get a lawyer now. To not do so may mean you waive certain rights and lose the ability to bring certain evidence to court. Also it is often more expensive to hire a lawyer to fix things than to have them involved from the get go.

    Note that this answer is NOT a substitute for legal advice, nor does it create an attorney client relationship.... more
  3. Timothy Alan Coe

    Contributor Level 13

    2

    Lawyers agree

    Answered . I am just going to toss my hat into the ring and wholeheartedly agree with Mr. Steele and Mr. Grainger. The divorce is "uncontested" I assume because you both want out. That doesn't mean that there isn't a contest that will erupt, that being custody, and with custody comes visitation or 'parenting time' as we call it in Indiana, and with that comes child support (the stickiest wicket in all of law). Bite the bullet and get a lawyer at the beginning of the process to save additional headaches down the road.

    Best of luck!

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,939 answers this week

3,298 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,939 answers this week

3,298 attorneys answering