More and more couples find themselves strapped for cash these days and thus, unable to afford the expensive legal fees which come with filing for divorce. People are looking for a less pricey way out of their unwanted marriages. So, DIY divorce, is it a good idea?
It is possible to find the instructions as well as paperwork for a DIY divorce on the Internet for a fee considerably smaller than what one might pay for an attorney. Pro se (self-representation in court) divorces might save you money, but is it a smart move?
Let’s be honest, some divorces are easier than others and some people are capable of taking care of their own situation especially if there aren’t children involved, the couple is on good terms, and there are little assets to divide. These are the kinds of couples who could benefit from downloading forms online or running by the courthouse to collect the papers on their own. There is plenty of easily accessible “how to” literature available to the public.
Just check the box!
So if it’s that easy then why do people bother with a lawyer at all? Custody agreements must go through the courts; therefore people with children are not able to benefit from DIY divorce proceedings. If either spouse contests the divorce, if there is extensive community property, debt or a bankruptcy on file, couples are not eligible for pro se divorces.
In addition to meeting the above qualifications, consider that the general population hasn’t been to law school and can easily make mistakes. If one makes a mistake on a legal document or proceeding, it can mean big trouble and they would have to hire an attorney to fix it in the end anyway. Another reason is, even the simplest divorce can be complicated. Attorneys study for years to learn to do these proceedings and for the average person it can be a bigger hassle than it’s worth. The other reason is, even if the couple come to an agreement and are on good terms with one another, they may find out later that they have actually given up more than they realized.
Even if a divorce seems simple, the couple is on good terms, the question is; do they have time? Time to fill out paperwork, file and mail documents, correct mistakes and re-file. Do not expect a DIY divorce to be finalized quickly. If for some reason the divorce is time sensitive, again, it is best to hire a divorce lawyer.
The bottom line is an attorney knows how to proceed, and what is legally fair, and how to get the party they represent terms they feel satisfied with. Even the seemingly simplest divorce can be more complicated than one would expect.