It can be tempting to try to navigate the waters of your divorce on your own. After all, a do-it-yourself divorce is easily the least expensive method of finalizing the end of your marriage—in theory, that is. Trying to complete your divorce on your own can have serious implications for your financial future, especially if you are not considering all future possibilities.
Hiring a divorce attorney in the beginning is an absolute necessity to save you the financial and emotional headache that accompanies a do-it-yourself divorce. Where can you go wrong without a divorce attorney? You absolutely MUST hire a divorce attorney to help you for three main reasons.
(1) Incorrect paperwork can cost you time and money in the end.
The reality is that most of us do not have the expertise for filing our own legal paperwork. This unfamiliarity can lead to mistakes in determining which documents to complete and how to file them as well as obtaining a court date and managing any potential court proceedings. Many people are now turning to online resources, such as Legal Zoom, for advice on handling their divorce without an attorney. These sites fall short, however, as they do not and cannot cover all regulations for each individual state and circumstance.
Forgetting to file the proper paperwork or missing critical items in your settlement can also lead to added expense with future legal proceedings, leaving you financially strapped in the years ahead. Consider issues involved with alimony and child support. Laws differ from state to state, and these are definitely some of the more complicated aspects of a settlement to negotiate. Most individuals also have a hard time considering the long-term tax consequences of certain financial decisions and divisions regarding your settlement agreement.
Hiring an attorney to assist you will save you money and time in the end. Fortunately, you can even hire an attorney who will “unbundle” your services. If you and your spouse are relatively amicable and good communication is possible, you can sort out most of your divorce on your own. An attorney who unbundles their services can be used just for limited consultations, filing paperwork, or drafting your documents.
Unbundling a full-service divorce attorney can provide the legal assistance you need to file your divorce properly as well as save you money in the grand scheme of things by helping you avoid future court dates and proceedings to correct your mistakes.
(2) Getting less than you deserve can hurt your financial future.
State rules differ on how they divide your assets, and not all states believe in splitting marital assets 50/50. You will also need to be aware that not everything is necessarily considered a marital asset. Do you know what you are actually entitled to during your divorce under your state laws?
Sticky situations regarding property that belongs to only one spouse as well as such things as retirement accounts and shared debt can be difficult to divide. If each spouse maintained his or her own property and retirement accounts before the nuptials, it may be difficult to determine what is considered a marital asset in the present situation. Most individuals cannot plan for the long-term tax implications of those divisions, and they lack the insight to know exactly what they could be entitled to receive.
If you get less than you deserve in the settlement now, your financial future is at stake. Hiring a divorce attorney can help you achieve a fair and equitable settlement with everything you are entitled to receive. Taking care of the division of property and assets properly the first time allows you to avoid future legal proceedings (and the costs associated with them) to make corrections.
(3) You need to protect yourself from a bullying spouse.
In the case of an abusive situation (whether it is physical, verbal, emotional, or otherwise), you need to do everything you can to ensure your protection. Attempting to negotiate a divorce settlement behind closed doors with an abusive spouse is a recipe for disaster—both for your physical safety and your financial future.
If your marriage is coming to an end due to the behavior of your abusive or bullying spouse, you definitely need to hire a divorce attorney right away. The right attorney can help put distance between you and your spouse to prevent them from manipulating or frightening you into agreeing to an unfair settlement. Without effective communication, you are really putting yourself at risk for having an inequitable settlement that will put for your financial future further at risk.
A bullying or abusive spouse is also likely to seek his or her own attorney. Attempting to navigate your divorce on your own while your spouse has legal assistance does not set you up for success. Should your case make it to trial, it is likely that you will not fare well in the court proceedings on your own.
An attorney can help you think through every situation that could arise in the future that would be affected by your settlement and divorce negotiation. Their emotional distance from a highly charged situation can give you some much-needed perspective to protect yourself from your spouse and get what you are entitled to from what remains a marital asset.
You NEED a Divorce Lawyer
At a minimum, hiring a divorce attorney to provide legal assistance in filing your paperwork is a wise investment for your newly single lifestyle. Attempting to settle your divorce without legal assistance, especially in complicated situations involving alimony or children, can put your entire financial future at risk and cost you more in the long run.
Divorce is a business transaction, and protecting yourself both physically and financially should be a top concern for you. A divorce attorney could be just the ally you need to ensure that you have the emotional distance necessary to fight for all that you are entitled to receive during the divorce process. It is well worth the expense of some minor legal fees to be in the best spot for your financial future.
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Shawn Leamon, MBA and Certified Divorce Financial Analyst, is the host of the Divorce and Your Money Show, the #1 show on iTunes that discusses personal finance issues in divorce. He is also author of Divorce and Your Money: The No-Nonsense Guide, available on Amazon. Learn more at www.divorceandyourmoney.com.
Disclaimer: Divorce and Your Money and its affiliates do not provide tax, legal, or accounting advice. In considering this material, you should discuss your individual circumstances with professionals in those areas before making any decisions.