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Why A Do-It-Yourself Divorce Is A Bad Idea

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DIY Do It Yourself written on dices on black background

When people decided to try a do-it-yourself divorce, they will probably fail, and end up turning to an attorney for help in negotiating and successfully concluding their divorces. This is not just a sales pitch from an experienced divorce attorney. A do-it-yourself divorce is a bad idea, for many cogent and sensible reasons.

First of all, “do you have the time and temperament to research your state’s law, gather the documentation, and follow through with court filings and appearances?” asks divorcenet.com.

Remember, you will most likely be on an emotional roller coaster at the same time, even when both spouses agree on the divorce. You may forget important things when drafting your divorce agreement. What about both spouses’ pension benefits? Social Security benefits? Health insurance? When you have a dispassionate attorney who is familiar with all of the ins and outs of divorce, you will be able to turn over the complex details and take care of yourself instead.

Getting a divorce is challenging and draining, and negotiations can take a long time. Doing it yourself, you will be in danger of agreeing to unfavorable terms, or giving up too much of what you feel is essential to you, just to get it over with.

In a do-it-yourself divorce, warns consumer advice website superpages.com, you have no one to protect your legal rights. You may not be fully aware of what your rights are, and what you are entitled to under the law. When you hire an attorney, the attorney takes on a fiduciary duty to work in your best interest during the divorce process.

Are you sure that you understand what property and/or alimony you are legally entitled to? Do you know what community property is? There are rules in law regarding the division of assets. If you decided on a do-it-yourself divorce, and you’re not aware of these rules, you may agree to a divorce that gives you less than what you might have been entitled to.

In terms of your own financial interests, it’s worth it to invest in hiring an attorney. If you have crafted your own agreement, be sure to ask an attorney to look at it, a step that won’t cost you much, and that could save you’re a lot of money at all in the long run.

 

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

The Advantages of Uncontested Divorces

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Woman signing a paper

There are two kinds of divorce: contested and uncontested, and the kind of divorce you go through will make a big difference in the length, complexity, and cost of the process. In a contested divorce, the parties cannot agree about getting divorced or about the terms of the divorce, such as child custody, division of assets, or alimony. 
In an uncontested divorce, the spouses agree on everything and do not need a court to make such important decisions for them. Clearly, the uncontested divorce will be simpler, faster, and less expensive, and it is the way the majority of people in the U.S. get divorced.

You and your soon to be ex-spouse may have a lot of emotions and disagreements about the issues in your divorce, but cooler heads often prevail when both of you consider the costs involved in fighting. “Uncontested” does not mean that both must agree on all the divorce terms, but rather, that both are willing to negotiate and even sacrifice some of their wishes for the good of the entire family. You may need to negotiate for a while, and even go to mediation or hire attorneys to help you reach agreement. In the end, the financial argument for the uncontested process is quite compelling.

Lower costs and a shorter time are the primary advantage of an uncontested divorce, but it has other positive results as well. Among the many advantages of an uncontested divorce is that it takes place in private. Although your legal agreement will be part of the public record, but your disclosures, proposals and negotiations will remain private (divorceinfo.com). Along with your privacy, you will keep your dignity by avoiding a combative stance and public disclosure of your grievances.

An uncontested divorce is less stressful for your children, especially when you can resolve custody decisions together or through mediation. Divorce is confusing and sad enough for your children without having to witness your anger and conflicts.

You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest, or fight, the case. If this happens, you need to consult an attorney; your risks will be much greater if you proceed on your own.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.