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6 major mistakes to avoid in a DIY divorce

6 major mistakes to avoid in a DIY divorce

Divorce is a complex, often messy, and expensive process, especially once the legal fees are factored in. In such cases, some couples may consider a do-it-yourself divorce or a DIY divorce to save on the lawyer’s fees. But there are several factors involved throughout the filing, pre-trial, and trial process that one may be unprepared for without legal counsel. One can also make several mistakes during the proceedings that impede or complicate the divorce.

Mistake 1: Not researching well before filing for divorce
If one is not well-versed in one’s state court’s filing requirements, the county court divorce process can seem like a vicious web of problems. Consequently, the divorce proceedings may be prolonged for years. Broadly, the basic filing requirements may be uniform, but there will be variations based on the county and state procedures and laws. Some customs and nuances are local to every county under their court rules. So, if an individual filing for divorce is not well-acquainted with these laws, they may not meet the requirements for regulations or formalities, impacting the process. It may even lead to additional legal repercussions.

Mistake 2: Not completing the required forms
Not filling out the required forms is one of the top mistakes to avoid in a do-it-yourself divorce. One will find several legal forms on DIY divorce websites, but these can be confusing for a layperson without prior knowledge of the law. Further, if one does not complete the correct or precise forms one needs, makes mistakes in the forms, or does not serve or file them as needed, the divorce proceedings can be delayed. It may also impact your case negatively.

Mistake 3: Being unrealistic about considerations like child support
It may not be common knowledge that most state guidelines help compute only basic child support. For instance, in most cases, child support based on state guidelines will only cover clothing, food, and shelter costs. But one’s settlement amount must cover the additional expenses, such as mandatory school trips, tuition, healthcare bills, insurance, and more . If a divorce is not mutually agreed on, agreeing upon child support terms may be challenging. But one must advocate for the required amount. Alternatively, one can attempt to modify the support order later on, making the otherwise simple divorce process complex.

Mistake 4: Believing the marital assets are split into equal halves
It may be the case sometimes, but not always. For instance, one may use state law as a guide. So, in an equitable distribution state, the court usually retains discretion according to 13 factors in the law to determine the split of the marital assets. They account for different factors designed to ensure the estate adequately compensates the spouse fairly for their financial needs. This split is usually equal. Sometimes, it may be 60-40 or similar percentages. However, in some cases, this range may be wider. It happens when the court concludes that one partner has a greater financial need and requires a larger piece of the estate upon split.

Mistake 5: Learning how to divorce online
While there is plenty of information available regarding divorces on the internet, one may not have access to complete information. Moreover, one may not even know the entirety of the information available. So, whatever information one has, one may find it enough to proceed with a DIY divorce.
But one may need to consult with a law professional to gain accurate knowledge regarding one’s rights, county and state laws, and topics such as the distribution of assets, child support, and more. Knowing the proper method for filing the required paperwork is also crucial.
So, while it is understandable to start learning online, one must acknowledge that there will be places where one will need guidance.

Mistake 6: Believing there is no need for a parenting plan
Individuals and their spouses may be amicable with each other and believe that not having a specified parenting plan is okay and that things will work out as the issue crops up . But when a child’s future is at stake, it is not that simple. There may also be a change in either parent’s relationship with the children. It is crucial to document some standard expectations and agreements in writing when filing for divorce to minimize the stress and fallout. It is vital to have a plan to support the child or children through this time and help them have a fixed, steady schedule to ease the transition.

It is important to remember several issues can crop up along the way while filing for a divorce. That said, some situations are relatively rare and limited in several circumstances. For instance, a couple with no children, a short marriage, or few assets in the estate may be able to opt for a DIY divorce without hassle. Despite this, they may still need an attorney-mediator or an attorney to prepare them for the settlement agreement and then guide them with the administrative filing to acquire a final divorce decree.

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