Is a Divorce Kit Legal in the USA?

by Heather Frances Google
Divorce kits can make it easier to get your divorce decree.

Divorce kits can make it easier to get your divorce decree.

Stockbyte/Stockbyte/Getty Images

Divorce can be a long, complicated procedure when spouses seem to fight over every element of the divorce process. But it can also be relatively quick and simple when spouses can work together to complete the necessary paperwork. In such cases, divorce kits may help the spouses complete the divorce paperwork their court requires.

Customizing Your Kit

Many divorces are similar and involve similar issues, but not every divorce is the same. Thus, you may need to customize your divorce kit. For example, your state may allow you to file simplified forms if you and your spouse agree on all elements of your divorce, called an uncontested divorce. These may be different from the set of forms you'll need to file if your spouse contests the divorce. If you have children, your kit should include forms to help the court assess child support and custody issues.

Following State Law

A divorce kit itself contains forms for you to file with your local court, and these forms must meet your local court's requirements. Each state -- and, sometimes, each court -- has different paperwork that must be filed before a divorce can be granted. Though a kit is not actually illegal if it does not contain these forms, you won't be able to get your divorce without them. You may be forced to go elsewhere to get the missing paperwork, if your kit does not comply with your state's laws.