I have written before that I believe some divorces should be do it yourself. I still stand by that position. As discussed here I believe that divorce can be done without an attorney in one situation, where there are no children and there is no property. Anything other than that situation I do not believe one should represent themselves and here is why.

  1. If there are children involved you have to detail out the specifics for who is the “primary” parent and who gets visitation. Then you have to detail out the visitation and the rights and duties. Then you have to detail out child support and medical support. Each of these particular points need to be discussed and analyzed with an attorney to help you determine what works for you.
  2. If there is property you HAVE to detail it out. If it is not listed in the decree then the other party could come back later and say this was not divided and now I want my share. Yes, even if you had agreed you each would keep your own, if your decree does not state it then there is no agreement.
  3. Making sure that the check boxes on your form are what you actually want. To lawyers these may mean something completely different from what they mean to you.

I cannot tell you how many times I have met with someone who tried to do it themselves and realized that it was more complicated than they thought. So if you do not fall into the category of not having children and not having property then at least consult with an attorney so that you have a better understanding of what will happen as the divorce progresses.

Categories: Divorce

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