| Any decisions you make during your divorce will have a long-term impact on your life. From property division and child custody to alimony and child support, nothing is trivial. That’s why it’s crucial to hire a divorce lawyer.
Without legal counsel, a DIY divorce risks mistakes that can lead to negative outcomes. Many people find this out the hard way after it’s too late.
Laws are easily misunderstood
Divorce law is not straightforward or intuitive. Each state has its own rules that govern factors like deadlines, filing requirements, property division, custody arrangements, and alimony. Nothing is ever black and white and is subject to a judge’s interpretation of the evidence. The strongest advantage of hiring a lawyer is avoiding common mistakes that can lead to unwanted consequences. Procedural and filing errors are common in DIY divorces and typically result in delays and dismissals.
If you attempt to represent yourself during a divorce, you’ll be at a disadvantage – especially if your ex has a lawyer. Judges are required by law to remain neutral and cannot do anything to give either party an advantage. That means they can’t explain anything to you or correct your legal misunderstandings. You’ll be completely on your own and costly mistakes are virtually guaranteed.
Financial errors have long-term consequences
Just because you divide property today doesn’t mean you won’t get hit with unexpected expenses as a result. Some assets come with ongoing financial obligations and risk. DIY divorces tend to undervalue assets, overlook liabilities, and ignore the long-term implications. For example, one spouse might want to keep the house, but if they’re unable to pay the property taxes, that’s a bad deal.
Another way DIY divorces can hurt your finances is if you make informal agreements regarding joint debts. A divorce won’t override creditor contracts, and neither will an informal agreement. You can both be held legally responsible for unpaid joint debts even if your spouse agrees to pay it all.
Custody battles can be fierce
Custody arrangements can shape your daily life for years. Courts prioritize what’s in the best interests of the child, but self-represented parents often fail to create structured parenting plans or anticipate future conflicts. A poorly defined schedule will lead to disputes over holidays, school breaks, and other situations.
Without clear terms defined by the court, one parent might not fulfill their part of the agreement, and it will be impossible to enforce. If you only have an informal custody agreement and there’s a dispute, you’ll have to go to court to sort it out.
Child support and alimony are easy to miscalculate
Financial support orders are created using a formula, but the data inputs need to be accurate. With a DIY divorce, it’s hard to create a fair financial agreement that adheres to statutory requirements. DIY divorces are more likely to overlook overtime, bonuses, self-employment income, and other benefits. And when an order has no wage withholding provisions, it becomes harder to collect.
There’s a risk of inefficient documentation
Courts rely on solid documentation as evidence when making decisions in a divorce case. DIY parties typically struggle to provide the kind of documentation that will best support their position. Missing or inaccurate disclosures – intentional or not – can invalidate agreements and sometimes enable sanctions.
Contrary to popular belief, you can’t just submit a bunch of social media posts or text messages as evidence and expect it all to be accepted. That’s up to the judge. And in order to get your social media evidence admitted, you have to prove its authenticity and convince the judge that the evidence proves what you say it proves. If your entire argument depends on a string of text messages, you might not have a strong case. An attorney will know all of this ahead of time and will help you gather documentation that the court will accept to solidify your position.
You risk unfair and flawed agreements
When you try to settle your divorce out of court on your own with an informal agreement, there’s a good chance it won’t be fair for both parties, and it might contain unenforceable clauses. For example, courts won’t enforce terms that violate state or federal law, even if both parties agree.
It’s harder to fix mistakes post-divorce
Once you complete a divorce, the decisions made during the process can have lifelong consequences that may not be changeable after the fact. While handling it all yourself is more economical, the risks outweigh the benefits. That’s why it’s essential to work with a family law attorney to make informed decisions that protect your future.
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