DIY Divorce: What You Should Know Before Taking the Leap
Divorce is a significant life event, and while you can handle it on
your own, there are important considerations to keep in mind. Before embarking
on a DIY divorce, it is crucial to understand the challenges, advantages, and
risks involved.
The Basics of a DIY Divorce
A do-it-yourself divorce can seem appealing, especially if the case
is simple, such as when there are no children, no shared assets, or no
financial complexities. In simple, straightforward cases, the free forms
offered by most Georgia counties may suffice. However, as the complexity of the
case increases, so does the potential for error.
While hiring an attorney is not mandatory, consulting an attorney
is strongly recommended to ensure any agreement you make with the opposing
party will meet legal requirements. A divorce settlement agreement must answer
key questions: who, what, when, where, how, and to what extent.
Challenges of Going Solo
Handling a divorce without professional help comes with significant
risks:
1. Mistakes with Agreements: Without an
attorney's review and expertise, you may overlook critical details in your
settlement agreement. Missing essential terms can render the agreement
unenforceable or may cause you to return to court.
2. Misunderstanding the Law: Divorce law can
be complex, rulings can vary by judge, and laws are subject to change. Even
with research, you may misinterpret legal nuances, which could have long-term
consequences.
3. Irreversible Commitments: Some decisions,
such as asset division, are final and cannot be modified later. You are bound
to the terms you agree to in a signed settlement agreement, even if you didn't
fully understand them.
Financial and Legal Implications
Obligations outlined in a settlement are enforceable by contempt,
meaning noncompliance can result in penalties, including jail time.
Additionally, financial commitments made in a divorce decree cannot be
discharged in bankruptcy.
If third-party creditors are involved, they are not bound by your
settlement agreement. For example, if your ex-spouse fails to pay a shared
debt, the creditor can pursue you for payment. Legal indemnification clauses in
a settlement agreement can help mitigate this risk but these are often
overlooked in DIY agreements.
The Value of Legal Guidance
At M&T, we want our clients to be informed about every aspect
of their divorce, so they can make informed decisions. In order to suit the
needs of every client we get the opportunity to serve, we order a variety of
resources and pricing structures.
At M&T, we offer custom divorce forms which can be purchased
online and are tailored to your case. Your custom forms will be accompanied by
a How to File Guide, the M&T Negotiation Guide, and the Georgia Divorce
Guide book. For clients seeking additional support, we offer 2 upgrades to the
basic divorce forms package which include coaching & review by an
experienced divorce attorney and/or have M&T draft and file the forms for
you.
Designed to streamline the standard divorce, our innovative Model
M&T offers flexible payment options for individuals on a budget. The 3 Model
M&T payment options are: a one-time flat fee; a flat fee option paid over
time; or a monthly payment plan until the case is resolved.
Of course, M&T still offers the traditional attorney retainer
model for those individuals with a complex case. Whether you choose a DIY
approach or professional assistance, you need to research to gain a clear
understanding of what you are doing in order to to protect your future.
A DIY divorce may save money upfront, but the long-term costs of
mistakes can far outweigh the initial savings. If you choose this route, it is
wise to at least invest in a consultation with an attorney to review your
settlement agreement. Divorce is a major life decision—approach it with the
care and guidance it deserves.