01/10/2020
Is a DIY Divorce a Good Idea?
In a word, NO! Divorce is a complicated legal process that requires time, money, and energy.
Many couples think they should save money by attempting a do it yourself (DIY) divorce; that said, is a DIY divorce a good idea?
Here are the facts, and we’ll let you decide!
DIY Divorce & Uncontested Scenarios
If a couple agrees on every aspect of their divorce, then it’s considered “uncontested.” Many couples believe their uncontested divorces are perfect for the DIY process, but that’s not necessarily true. An uncontested divorce is still an intricate legal process, and one poorly phrased sentence or provision could cost you.
All divorces, uncontested or otherwise, require mountains of paperwork. You and your spouse may agree on every aspect of your divorce but getting it down in writing can be challenging. Both you and your spouse will have to create, review, and agree on an asset and property division plan, a child custody agreement, a child support agreement, and a visitation schedule: and these are just the basics (not an exhaustive list and each case presents different issues)!
Without the assistance of an experienced matrimonial attorney, the risk is significant for both parties. There maybe issues, assets, liabilities, and claims available to one or both parties that they never even knew existed because they did not receive the proper legal advice. These claims will essentially be waived in the event the DIY divorce goes through and gets filed.
Having an Attorney in an Uncontested Divorce
A knowledgeable divorce attorney can walk you through the paperwork, ensuring you and your spouse’s uncontested divorce runs smoothly. You won’t have to deal with courts rejecting your paperwork because your attorney will make sure it’s right the first time. Additionally, a New Jersey divorce lawyer should ensure that your interests are protected, not only today, but in the future. A skilled attorney will anticipate events and should advocate for explicit language in the agreement to allow for modifications of the agreement if necessary in the future.
DIY Divorce & Contested Divorce Scenarios
If you and your spouse don’t agree on every aspect of your divorce, then your divorce is “contested.” In a contested divorce, you and your spouse will appear before a judge and make arguments attempting to prove why you deserve a specific divorce outcome.
Individuals should never represent themselves in contested divorce scenarios for the following reasons:
• Talking about your divorce can make you emotional, which can impact your judgment during a court case.
• If your spouse hires a divorce lawyer, you are now likely the underdog in your divorce proceedings.
• If you don’t fully understand the nuances of matrimonial law, you could miss critical points in your argument or be waiving claims you never knew you could raise.
• Divorces are final, which means you have one shot at making your case. (There are exceptions that exist but undoing a divorce or re-litigating a divorce case occurs in rare circumstances. Courts are not inclined to give people a “second-bite” at the apple).
No outcome can be guaranteed in a family law matter. However, it is critical to place yourself in the best possible situation, in light of the circumstances, being self-represented is not advisable. The divorce papers you sign will have far reaching effects on virtually every aspect of your life going forward. It is critically important to get it right.
An experienced divorce lawyer can help you make your case and highlight issues you never even knew existed. He or she will serve as a buffer between you and the court and adversary, and should be looking to protect you and your interests.
