Actual legal representation with a licensed attorney.
We can attempt an uncontested divorce. I would be happy to meet with you to work on a settlement offer that you find acceptable and that your spouse may be likely to consider. All of the documents normally needed for an uncontested divorce would be drafted and mailed to your spouse for his/her review. It is possible that your spouse may refuse to sign or just ignore the proposal all together. If it appears that your spouse does not want to participate in the uncontested divorce process, then we may discuss filing contested pleadings to commence your case.
Because of this:
Yes, you can do a simple divorce without an attorney (pro se), but as you can see, there is just so much to fill out on your own and tend to. Also, the court clerks cannot give you any information above and beyond procedural information. They are not being rude, they just can't help you fill out the forms. The pro se route just isn't everyone's cup of tea.
Furthermore, once your forms are submitted to the court, they must then be reviewed by a staff attorney to make sure they meet minimum guidelines. This can take some time. If your forms are found to be insufficient, then they must be corrected and resubmitted. If your forms are approved, then the presiding judge will likely require both spouses to attend a hearing date in order to verify that everyone consents to the pleadings - this can delay disposition of your case seeral weeks.
It is my opionion that the generic listing and division property and debt provided in the pro se divorce packet may leave some open liability. I feel that the needs of BOTH parties are better served when an experienced attorney drafts the agreement to divide marital property and debts (settlement agreement) as the terms are specific to your situation and needs. An attorney can draft provisions to ensure that the transfer of property (and debt) goes as intended with specifications for each party's duties and rights in that transfer. [For example, dividing a marital home where both parties are listed on the mortgage and there is equity to divide is much more compliated than just stating that Husband is awarded the former marital home and its debt, oh, and he gives you $10,000 for your share of the equity. An attorney would draft some provisions for him to refinance the home within a certain time period to remove your name from that debt (as creditors are not part of your marital settlement agreement) and pay you your portion of the equity at closing. You would also need to answer questions such as what happens if he is unable to refinance, etc.] An attorney can save a lot of potential headache and potential future litigation with regard to .
In closing, I strongly feel that it is very much worth hiring a knowledgable attorney for a reasonable fee to save you the time and hassle often associated with the pro se divorce process.
1360 S. 5th Street
Saint Charles , 63301
St. Louis: (314) 616-0708
St. Charles: 636 946-4343 636 946-4343
Fax: 636 946-3737