How to File for Divorce

While individuals may handle the details of some legal issues, hiring a good attorney makes sound financial sense when filing for divorce. An attorney knows the paperwork to file for the client's state, protects the client's best interests and advises the client on issues of alimony, community property and child support. However, the couple can make decisions prior to filing that will save money in legal fees.

Decide Who Will Pay What Bills

Every marriage has debts and each person should be responsible for debts held individually. Those held jointly will require a decision about who will pay them, for how long, and who will own any property attached to the debt in the end. Mortgages are a prime example of this kind of debt. Deciding now to sell the house and split the proceeds, or if one party will assume the mortgage and pay the other a portion of the home's value will go a long way to making the divorce amicable.

When Children Are Involved

Custody issues remain among the hardest decisions to make. Which parent the children will live with, who will pay child support and what visitation the non-placement parent will get is usually the most heated battle of a divorce. If the parents agree on these issues before seeing an attorney, the process will go smoother for all involved, including the children. Be aware that the state may have laws that supersede any agreements the parties make on child support; this is one area that an attorney's expertise is vital.

Split the Property

Once the debts and children are decided, the parties must divide the belongings. Each party should take out of the marriage what he brought to it and her individual property in the form of gifts and clothing, but those items that were gifts to both or bought as a couple will need to be equally divided. Deciding this now can save a court fight later on over a prized possession.

Seeing an Attorney

With the basic decisions made, decide who will actually file the divorce. This person will hire the attorney to draw up the final paperwork for signatures. Both parties must realize that the attorney will only be representing one of them; once the paperwork is finished, the other person should consult with an attorney of his own in order to make sure that his interests are protected. Paying a small consultation fee now can prevent larger legal bills in the future when trying to undo an unfair advantage.

The couple can make decisions prior to filing that will save money in legal fees