A Do It Yourself Divorce Could Face Some Hurdles
No couple should just assume they are familiar with all the divorce laws of their state, especially if they’re trying to handle the dissolution of their marriage without the help of a divorce lawyer. It’s true that there are forms online that they can download, and any site providing those forms will have tailored them for the laws and requirements of the specific state. But even then, the couple might run into obstacles that they didn’t expect, and suffer some unpleasant consequences.
Even if people have downloaded divorce papers that apply to their state, and they’ve filled out a Marital Settlement Agreement nicely dividing things up, a judge might still ask questions and give those papers some uncomfortable scrutiny. The couple may not realize they live in a state where all assets are divided fifty-fifty no matter who accumulated them. Or one half of the couple might not be aware of all their rights. Downloaded kits try to give general information that applies in different states, but no kit can cover all details of the divorce laws.
Even if there appears to be no dispute, and the partners are in full agreement, a judge could still interpret the laws of divorce in such a way that they will decline to sign the agreement. After all, as useful as do-it-yourself divorce forms might be, it’s just a fact that any couple won’t understand the law as well as lawyers do.
Therefore, in especially complicated situations, or possibly those involving child custody agreements, a judge could require that a divorce lawyer be brought in to examine the arrangement. That will help to increase the couple’s expenses, but at least it won’t be as expensive as if the attorney had dealt with the process from the outset.
There may be ways to accommodate a given state’s divorce laws and not run into obstacles during the proceedings. If the couple can become familiar with the laws pertaining to their divorce process, then that will certainly help. And if they get advice right from the beginning, from trained mediators or counselors, from their therapists, and perhaps even from their religious advisors, then they may be able to go through the proceedings in a way that will allay a judge’s fears. Even if they’re trying to save money, any extra help they can find will undoubtedly boost their chances of succeeding.
You and your spouse have decided to call it quits on your marriage. So what is your next step? If you know that your divorce is going to be very easy and amicable you may want to save yourself lots of money with a DIY divorce. Click here to get the information you need about DIY online divorce help and other great tips.