Pitfalls of a DIY Divorce

stressed out couple sitting at a table with divorce settlement paperwork on it - diy divorce concept

Do-it-Yourself Divorce (DIY Divorce) increased in popularity in 2008 when the U.S. economy was severely struggling. Many spouses couldn’t afford a divorce attorney, so they used the World Wide Web to try to figure out how to get divorced without lawyers. Online tools grievously misled people into thinking they were doing it right. But their efforts were typically fraught with mistakes, frustrations, and more often than not, repair efforts that cost them more than a good divorce lawyer would have cost them from the beginning. So why is it so important to work with an experienced divorce attorney?

Fulfilling All Legal Paperwork Requirements

There are certain legal requirements that, if missing, will cause your paperwork to get rejected. A divorce lawyer can not only help you identify those requirements, but also help you and your spouse legally “get around them” if you both agree. For example:

Do you want to deviate from the state-mandated child support guidelines? Do you know what those guidelines provide, and how to properly calculate them? There are many variables that should be included in the formula to arrive at the correct child support amount. Those variables and the rules around them change every few years. If you want to deviate from them, you might be able to do so, but do you know the legal threshold the Judge must meet to approve your deviation request? And the extra forms required to get the deviation approved by the judge?

If you have minor children, have you included the legally required provisions regarding parenting time in countries that are not signatory to the Hague Convention on the Abduction of Minor Children? If not, your Judgment of Divorce will not be approved. And if you and your spouse agree to allow your minor child to travel to a “Non-Hague Country”, do you know how to get that approved by your judge?.

Other omissions that will lead to your Judgment of Divorce not being approved include, but are not limited to:

  • Statutorily required provisions regarding life insurance
  • Statutory-required provisions regarding retirement accounts
  • The appropriate forms for spousal support and child support. It’s crucial to ensure these are the most recent, Supreme-Court-approved forms and that they are all properly filled out.
  • Proof of service, and when it is required

As you can see, there are many necessary forms and provisions that someone pursuing a DIY divorce may unknowingly leave out. The best way to ensure that nothing is missing from your paperwork, is to work with an experienced Michigan divorce attorney. An attorney not only has a thorough understanding of what is required by the law, but also can discuss the specific details of your case and tailor your paperwork to best suit you and your family’s needs.

Navigating Complex Circumstances

An experienced divorce lawyer has handled hundreds of divorces involving many factual circumstances. Whether your case involves domestic violence, hidden bank accounts, international kidnapping, multi-state complexities, or assets that have varying tax consequences, an attorney can spot and identify how to resolve complex issues you may not even know you have.

Divorce cases require knowledge about:

  • Real estate law
  • Custody law
  • Parenting time law
  • Tax law on various types of income and assets
  • Insurance law
  • Business law and business transactions
  • Securing promises made in divorce agreements
  • Retirement (defined contribution and defined benefit ) law

A skilled attorney will have both the knowledge on all necessary areas of law, as well as access to experts if and when they are needed. Although enlisting professionals may seem like a costly undertaking, this is the best way to ensure that everything is done correctly and nothing is missed, which may actually save you money in the long run!

Expert Legal Advice

Experienced divorce lawyers can also provide invaluable counseling regarding your current and future circumstances. This is why lawyers have long been called, “Attorneys and Counselors at law.”

Your family deserves the bespoke, specialized advice of a good family law attorney. Even if your family is going to be divided into two households, you will always be a family. A “good divorce” will benefit your family for a lifetime. The contract you and your spouse sign in conjunction with your divorce could be the most important document you sign that will impact the rest of your life. A contract for a kitchen remodeling is only relevant until the kitchen becomes outdated again. But a contract involving your children will be relevant for the rest of their lives.

When Might a DIY Divorce Be Appropriate?

Since the early 2000’s, the State Bar of Michigan and Michigan Bar Foundation have improved access to justice for people seeking to divorce without lawyers. In some cases, it is reasonably possible to get a DIY divorce. Those cases involve short-term marriages without significant assets or minor children. If you fall into that genre, check out the Michigan Legal Help website.

However, most people wishing to divorce objectively need a divorce lawyer, even if you and your spouse agree to the terms of your divorce.

Contact a Michigan Divorce Attorney

You would not analyze your own medical symptoms if you were not a doctor specializing in the relevant field. Nor would you purport to know how to build a house or bridge if you were not a structural engineer.

Would it save you money to reach some agreement with your spouse and then have an attorney legally memorialize them? Of course! If you and your spouse can do so, talk about whether you can agree to these issues, and if you cannot, you may be able to come to an agreement after talking to your attorneys, or attending a mediation or Collaborative Law session. Contact the divorce attorney team at NSSS&B today to learn how we can help with your case.