Home > Law
In recent years companies and legal professionals have began to develop and market divorce kit services to people who want to get divorced. A divorce kit is marketed as a quick and easy way to get a divorce without having to hire a lawyer. A divorce kit provides information about divorce in your state, and provides forms that you can fill out and submit to seek legal approval and recognition of your divorce. If you are interested in getting divorced, you may wish to learn more about the benefits and risks of using a divorce kit before deciding what is best for you.
A divorce kit must be state specific in order for it to be of any use to a consumer. A divorce kit cannot be used in any type of contested divorce case and is only useful in cases where there are no children involved in the marriage and both parties agree to all terms of divorce, including division of marital property, assets, and debts. If these requirements are fulfilled, individuals may be able to save time and money by using a divorce kit.
There are, however, several potential risks associated with using a divorce kit. Divorce is not a trivial matter and can have an immense effect on virtually every aspect of a person's future. If divorce is not handled properly, a person may find that they have given up certain rights and suffered significant losses that could have been avoided. While a divorce kit may sound like an easy way to get a divorce, it may not be in your best interest to use these services.
No divorce kit, no matter how comprehensive it seems, can take the place of legal advice from a professional divorce attorney. A divorce attorney can only ethically and legally represent one party in a divorce, and therefore has the ability to act in the best interests of one individual to ensure that their legal interests are protected during the divorce process. A divorce attorney can protect your legal rights and interests in a way that no divorce kit can.
A divorce kit may sound tempting because you feel that all the issues of your marriage and divorce are agreed upon, however, you might not be aware of issues that may arise in the future. These issues can be brought out or avoided altogether with the help of a qualified and experienced legal professional. Often times without this legal expert and advocate an individual may give up important rights and options in a divorce case.
Using a divorce kit will not offer you the same legal protections as an attorney can offer. While divorce kit forms are valid in most states, the use of a divorce kit does not establish an attorney-client relationship between you and the divorce kit manufacturer. This means that if something goes wrong, you may not have the legal protections you need.
In some cases, where a divorce is truly uncontested and there are no children involved, a divorce kit still may be a viable option.
If you are considering a divorce kit or have any questions about divorce law and cases, please contact us to speak with a qualified and experienced divorce attorney who can protect and maximize your legal interests.
More information on law:
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.