The end of marriage is a difficult time, and many would prefer to avoid adding lawyers into the mix. You may want to keep the process as smooth as possible and decrease the cost. Although you would save on lawyer fees by not hiring an attorney, the long-term cost can be surprising. A failure to properly account for all assets, debts and even tax considerations can lead to surprise bills after you finalize the divorce. It is important to keep this in mind when choosing how you prefer to move forward.
For some couples, working through this process without legal counsel is possible. The following will help provide guidance so you can better determine which option is best for your future.
When DIY divorce may be feasible
Although an exact answer depends on the details of the case, some general guidelines that help to determine when a DIY divorce is less risky include:
- No children or pregnancy
- A short marriage with minimal shared assets and debt
- No real estate, business ownership or complex investments
- Full financial disclosure with mutual agreement on division terms
- No request for spousal support or temporary orders
- No history of coercion, threats, intimidation or substance abuse
If you satisfy each item, a DIY divorce might be manageable. However, remember that you still need to follow proper legal procedure to ensure the divorce is complete. A misstep can mean the marriage remains intact and the other party could continue to access assets or accumulate debt in your name.
When you need a lawyer
Factors that usually signal a need for legal representation include:
- Minor children, custody disputes, relocation concerns or any special needs
- Unequal income, potential support exposure or alimony disputes
- Hidden assets concerns, inconsistent disclosures or cash businesses
- Real estate, pensions, 401(k) plans, stock options or inheritance issues
- Domestic violence, protective orders or fear of retaliation
- Prior court orders or concern of bankruptcy
- The other spouse already represented by counsel
The risk of an unfair divorce settlement agreement increases with each factor. The presence of even one warrants taking steps to protect your interests during divorce.
Although there are limited situations when a DIY divorce is possible, most situations carry financial and parenting consequences that are best protected through legal counsel. If there is any doubt, consult an attorney before signing or filing.