Everyone knows that divorce proceedings are often costly and complicated legal matters, no matter how simple the case may be. There are numerous fees that are involved in a divorce case, such as filing fees, court costs, and costs associated with hiring outside experts, such as a child custody evaluator.
However, one of the main costs associated with divorce cases are fees that come from hiring an attorney to represent you and handle your case on your behalf. Because of this more and more individuals are turning to DIY divorce when it comes to handling these legal matters.
It is important to note that legally speaking, you are constitutionally allowed to handle any legal proceeding on your own, and are not required to have an attorney. However, in order to proceed with a DIY divorce that protects your legal rights and interests, you must be organized.
This means that you will have to understand the legal rules of civil law and procedure, as well as the laws that the court will operate under when it comes to divorce. In other words, you will be expected to conduct yourself according to the same rules that an attorney would have to follow if they represented you. The following article explores those legal rules and topics, as well as considerations for filing a divorce on your own.
What Is DIY Divorce?
In short, DIY divorce refers to do-it-yourself divorce. DIY divorces are also commonly referred to as the party representing themselves “pro se,” which is a latin phrase used in the legal world that refers to an individual that acts on their own behalf in a legal action.
The term divorce refers to a court procedure in which the legal marriage between two parties is dissolved by rule of law. It is important to note that each state has their own specific laws regarding divorce, such as residency requirements. Further, each state also has their own civil laws and procedures for proceeding with a divorce.
If you are proceeding with a DIY divorce then you may be expected to do any of the following on your own behalf:
- Preparing and filing all required divorce paperwork, such as a legal petition/complaint to initiate the divorce, subpoenas for evidence, financial declarations, and relevant legal motions
- Having your spouse legally served with your divorce petition/complaint, motions, and subpoenas in accordance with your local rules of law
- Gathering, reviewing, analyzing, organizing, and presenting all your evidence to the family law court
- Scheduling evaluations and meetings with professionals regarding your case, such as social workers, child custody evaluators, healthcare providers, and financial experts
- Examining and cross-examining witnesses for the other side, as well as expert witnesses, if any
- Arguing your case before the family law court, if your case is not settled prior to your court date
- Negotiating and drafting a final order that contains a separation agreement that outlines all of your property divisions, as well as custody agreements if children are involved
Finally, one of the main tasks that you will have to perform is communicating with your spouse or their attorney, if they choose to hire an attorney, regarding your divorce. This is because back-and-forth negotiations often occur during a divorce in order to reach a settlement prior to a contested court hearing.
Is DIY Divorce Correct for You?
Once again, each divorce matter is unique, but if you want to initiate and finalize a divorce on your own without the assistance of an attorney, then the process is commonly easier if your divorce is uncontested.
In other words, if you and your spouse get along and agree on the issues that need to be addressed in a divorce case, or can reach a consensus on the issues, the DIY divorce process is much more achievable.
This is because you and your spouse will have to address several legal issues in a divorce case, including:
- How to fairly divide your marital property
- How to fairly divide and assign your marital debts
- Whether or note one spouse will receive spousal support
- Whether or not child support is necessary and what amount of child support is appropriate (it is important to note that child support is often required and there are state laws regarding calculating appropriate child support)
- If there are children involved, which party will be assigned as primary caretaker for purposes of child custody, and what will that custody schedule look like
How to Begin a DIY Divorce
Once again, no matter the circumstances of your divorce, you will typically need all of the following forms to start the divorce process:
- A verified petition or complaint for dissolution of marriage
- A financial declaration
- A summons
- A child support obligation request, if there are minor children involved in the divorce process
In general, all of the above and necessary forms to begin the divorce process are commonly available through your local family law courts webpage and in-person. Once you have acquired and filled out all of the necessary forms to begin the process in accordance with your local family court, then you will be expected to file them with the appropriate clerk’s office and pay any required fees. You may also seek a fee waiver, if you qualify.
Once your court documents are filed, the court will expect the petitioner to legally serve their spouse with the divorce papers. This is commonly achieved either through a private process server, certified mail, or sheriff’s service. A sheriff’s service will also require a fee, which should be issued to the county as well as the sheriff’s office.
Once the divorce petition has been filed and served, there is often a waiting period before the divorce can be finalized. Once the waiting period is up, a hearing will be held where all of the above issues will be addressed to the family law court judge or jury.
At the hearing, if both spouses agree on all terms and have prepared a final order of divorce, they will receive their signed divorce decree. However, if either spouse contests any of the terms, the spouses will need to resolve all of the above issues before receiving their final divorce decree.
What Are Common Issues in a DIY Divorce Case?
Divorce proceedings that have been initiate by one party, and have not yet concluded may affect many different areas of a person’s life, including:
- The person’s debt and their ability to pay down their debt
- The possession of property, and the ability to deal with property, such as selling the marital property
- Filing taxes
- An individual’s employment benefits, including medical insurance coverage, as some spouses are listed as beneficiaries on their spouse’s health coverage
As mentioned above, a divorce decree or separation agreement will need to address various issues regarding marriage such as:
- The division of marital property between the divorcing parties
- Issues regarding whether or not spousal support or alimony will be ordered
- Legal issues associated with children, when applicable, including:
- Custody of the children
- The amount of child support to be paid, if any
- The non-primary parent’s rights to visitation or electronic communication
- The future financial obligations of each party
- For instance, the divorce decree will outline which debts are to be paid by one or both of the parties, as well as how and when such payments are to be made
As such, the most common issue that occurs during a DIY divorce process is that both parties cannot agree as to how to handle the above issues that need to be addressed. This leads to the divorce process becoming complicated and expensive as more time and effort is needed in order to address all the issues that must be addressed.
Both parties may then become more and more combative. However, there are other methods, outside of hiring an attorney that may still be available to the parties in a divorce. The most common means for resolving disputes during a DIY divorce include:
- Mediation: Mediation involves negotiations that take place between the divorcing couple and a neutral mediator, who serves to mediate agreements between the two parties
- Mediation is often more cooperative, and may be court ordered in some cases
- Informal Negotiations: Informal negotiations occur when each spouse involved in the divorce comes to an agreement on their own, this is commonly done without the aid of an impartial third party or attorney
- Agreements reached in informal negotiations may be put into writing then submitted to the court for approval
- For example, when one spouse agrees that the other spouse should maintain ownership of the house in exchange for the other spouse buying out their share of equity, that is an informal agreement that may be put in writing that addresses the division of marital property
Are There Any Risks to DIY Divorce?
As with any DIY option for legal proceedings, there may be certain risks associated with DIY divorce options. Divorce laws and procedures are complex and there may be a chance that mistakes may be made if one is unfamiliar with the process.
Risks associated with DIY divorce may include:
- Legal Errors: Without a basic understanding of fundamental divorce laws and court procedures, costly errors can affect your rights and duties. This may in turn lead to an unfavorable divorce outcome.
- Effects on Child Custody and Support: Without legal representation or the guidance of a lawyer, there is a risk that you may agree to child custody or child support terms that don’t meet the child’s needs or are unfair.
- Financial Impacts: Unfair or inaccurate splitting of assets can create long-term financial issues in the future. This can happen for instance if debts or assets are overlooked or unaccounted for.
Finally, divorce can take a tremendous toll on a person, both emotionally and psychologically. Having to carry the burden of legal matters can further add to the overall strain of the divorce experience.
Hiring a lawyer can help minimize these risks associated with the divorce process. If you are unsure of your options, it may help to schedule an initial consultation with a lawyer to determine whether you should choose DIY options or formal legal representation.
Do I Need an Attorney for Help With a Divorce?
As can be seen, there are many issues that are involved in a typical divorce proceeding. As such, if you are thinking about getting a divorce, or if you have been served with divorce paperwork, and you do not believe that you and your spouse will be able to navigate the DIY divorce process, it is important to consult with an experienced divorce lawyer immediately.
LegalMatch can assist you in setting up a consultation with a family law lawyer in your area. An experienced family law attorney will be able to help you determine your best course of legal action, and ensure that your rights are protected throughout the divorce proceedings.
Additionally, an attorney may also help you reduce your costs by helping you navigate the more complicated procedures of a divorce and assist you with drafting a final decree of divorce. In other words, just because you start a divorce on your own, does not mean that you must finalize the divorce on your own.
An attorney will also be able to ensure that you have full access to all of the documentation necessary to make informed decisions regarding the divorce and division of marital assets, as well as be able to assist you during a final hearing in your divorce case.
