Family, Criminal & Children's Court Attorneys Since 1991

What spouses need to know about DIY divorces

On Behalf of | Feb 23, 2025 | Divorce |

Most people recognize that they cannot handle complex legal matters without support. People facing a lawsuit brought by their neighbor or criminal charges understand that they have to hire an attorney. Not for some reason, many people considering divorce get the idea in their head that they can pursue a do-it-yourself (DIY) divorce.

Even though the terms that they set with their spouse could affect their finances and daily life for years to come, they rush forward in an attempt to manage the entire process on their own behalf. There are books and websites that claim to provide the guidance people require when pursuing a DIY divorce. People considering that option need to understand what it entails.

Minor mistakes can have major implications

When filing for divorce, small mistakes can drastically complicate the process. People may misunderstand their service obligations or make mistakes on documents. Failing to follow up on initial paperwork in a timely fashion might lead to beginning the process again.

Beyond that, representing oneself in court can be a nerve-racking experience. Usually confident individuals may find themselves struggling to articulate themselves in front of a judge. They might say the wrong thing or let their emotions take control. Those mistakes in court could have major consequences on the final outcome of the divorce.

Divorce law is complex

Another reason that people struggle to navigate divorce without representation is that they have a difficult time understanding the law. People might assume that their pension is their separate property because their spouse doesn’t have their name on the account. However, under state property division rules, assets and income from during the marriage are usually subject to division when spouses divorce.

People can make mistakes regarding concessions during property division negotiations. Instead of insisting on formal discovery and protecting themselves, they may rush through the process to get it over with as quickly as possible. Their spouse may then end up with an unfair portion of the overall marital estate. They may end up struggling for years to rebuild their lives afterward.

Custody matters can also be hard to navigate without support. Parents frequently give up because they believe inaccurate information. They may not push for the best allocation of parental rights and responsibilities if they don’t understand what is possible.

It is often better in the long run to have support throughout the divorce process rather than to save a bit of money while risking major mistakes handling the process alone. An attorney can educate their clients about the law and their rights. They can handle all necessary paperwork and negotiations. They can advocate for their client in court in a calm but direct manner that can convince a judge more effectively than the emotions of the client might.

While DIY divorces are always an option, they usually are not the best option available. People who have help throughout their divorce proceedings can lay the best foundation for their future happiness and financial stability.

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