“K itchen table divorce ” or “ Do-It-Yourself-Divorce ” often leads to failure, so be careful. Filing for divorce can be a complicated matter since so many government forms are required. We see too many individuals and couples who have tried to use the self-help books available on the market, and we’ve come to the conclusion that the majority of them are simply throwing their money away. They end up coming to us for help.
The Self-Counsel Press/Business and Legal Publisher says, “Couples have used these books, kits, and forms to prepare their own divorce applications since 1971. If you are not sure whether to choose a joint or sole kit, or even whether doing your own divorce is right for your situation, visit the Divorce section on our News site for more information. To understand the difference between a “Joint Application” and a “Sole Application” please read this before purchasing a kit.”
If one does not know the difference between a sole and joint application, then it is a daunting task to figure out the rest of the paper work. The same could be said about the separation agreement books where couples often don’t even know the difference between a separation date, separation agreement, and legal separation. Yet, they’re told they can write one by buying the book which includes an instructional cd!
Therefore, this is a precautionary alert to anyone contemplating buying these books – take a good look first and do your research!
J.P. Boyd , a prominent BC Family Law Lawyer says, “The only way to obtain an order for divorce is by starting a law suit; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the desk order divorce process, allows you to obtain a final order for divorce without ever having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.”
Mr. Boyd goes on to say, “Most law suits go like this: the Claimant files a Notice of Family Claim and serves it on the Respondent; the Respondent then files a Response to Family Claim and sometimes a Counterclaim. If the Respondent fails to file a Response to Family Claim, the Claimant’s law suit is said to be uncontested, meaning that the Respondent is assumed to either agree with the relief sought by the Claimant or to have chosen not to defend the claim. In such circumstances, the Claimant is free to seek a default judgment against the Respondent.” From his website at: http://www.bcfamilylawresource.com/08/0803body.htm
Once again, be careful how you spend your money when it comes to separation and divorce. There is a lot of self-help information out there and, remember, you have options to choose from as you move forward independent of each other. These options range from kitchen table divorce to each using expensive divorce lawyers. Yes, EACH a lawyer because one lawyer can not represent both of you.
Being a divorce mediation service, we, of course, believe that peaceful divorce mediation is the answer to helping you sort out your issues. You are given full control of the process from start to finish and you pay a fraction of the cost compared to the traditional system. Mediation also reduces the stress, speeds up the timeline and keeps you out of the public limelight because you never have to step foot in a court room.
Come in for a talk with our family mediator. The first meeting is on us. So, request a free consultation here.
