Do I need a Lawyer to Handle my Divorce?

We live in a “do-it-yourself” age, and the practice of law is no exception. There is, after all, so much information available online, that many make the assumption that they can learn all they need to know, and handle the divorce process for themselves. While it is understandable that some might make this assumption, it is an assumption that comes with many hidden costs and pitfalls. Often, people go into a do-it-yourself divorce process assuming they will save money and time, when in fact, doing so ends up costing them more of both. Even if your case may seem “simple” and as if you and your spouse may agree on many issues, it is far too easy to make mistakes that may come back to haunt you down the road. Some of the more common pitfalls of do-it-yourself divorce include:

• Overlooking key documentation: The number of “do-it-yourself” legal websites often give the impression that the legal process is easier than it actually is. While these services provide basic legal documents, they cannot offer you any legal advice, or engage in any negotiations on your behalf. Additionally, they cannot point out errors in your paperwork which may turn out to be quite costly, depending upon the circumstances. Often, you may not realize a mistake in your legal paperwork until it is too late. This could cause you to forfeit legal rights you may otherwise have had, and cleaning up after those mistakes can be expensive, stressful, and time-consuming.

 

• Misunderstanding court rules and procedures: If you choose to represent yourself, you will be required to know and follow the rules of court just as any attorney would do. You will not be able to seek help from the judge in your case, or from the court clerk, neither of whom are allowed to dispense legal advice.  As different local courts have different procedural rules, it can be difficult to learn and follow the rules for your jurisdiction in a short amount of time, and even if you do, you may have a misunderstanding that ends up ultimately being damaging to your case.

 

• Overlooking rights you may have under the law: The simple fact of the matter is that you are not going to understand the law as well as an attorney who has gone to school and practiced law for years in order to do so.  You may feel that you have learned a good deal by reading on your own, and it is possible that you have – but this does not mean that you might not overlook important rights that you have under the law, or that you might agree to something you are not legally required to agree to, without even realizing it.  Unfortunately, if you make these mistakes and you are not represented by an attorney, you are responsible for them, and for accepting whatever consequences they bring.

Ultimately, even if you feel that your divorce is “simple” in nature, and that you and your spouse agree upon all important issues, seeking the advice of a knowledgeable and experienced attorney will help to ensure that the process ultimately goes smoothly, and that you do not encounter any unexpected (and potentially costly) issues in the future. You may lose rights to valuable property and assets you would otherwise be entitled to, or end up paying more or getting less in alimony or support than you otherwise would, or losing a substantial amount of parenting time with your children – and those are only a few possibilities of many.

An attorney who is qualified and experienced in the practice of family law will be able to identify any issues you may have overlooked, point out any potential negative consequences of certain decisions, and advise you of what to expect throughout the divorce process. 

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