Why Filing for Divorce On Your Own Can Be Complicated

Filing for divorce is already an emotionally intense process, and attempting to go through the process alone will only make things more complicated. There’s a reason people hire divorce attorneys even though there are DIY divorce packets available online. There’s really no comparison. While filing your own divorce paperwork may seem cost-effective and straightforward, the reality is far more complex. Between the legal, financial, and procedural difficulties, what seems simple at first can quickly become overwhelming.

If you’ve been considering filing for divorce on your own, here are all the best reasons to work with a lawyer instead.

Lawyers know court procedure

Filing for a divorce involves more than just filling out some paperwork and submitting it to the court. You will be required to appear in court before the judge to discuss the details of your case. Even if you do file your own paperwork, there are terms and concepts that are hard for non-lawyers to understand. If you don’t fill everything out properly, it can postpone your entire divorce.

The other important factor is that each state has its own regulations for divorce. For example, in Texas, couples are required to resolve property division, child custody, child support, and alimony before their divorce can be finalized. None of these things are easy to resolve on your own, and you’ll need a lawyer for whichever situations apply.

Property division can be complicated without a lawyer. You’ll have to accurately value property, including real estate, investments, and retirement accounts. If done wrong, the division won’t be fair. For instance, if your spouse has a higher earning capacity, you might end up with the short end of the stick simply because you don’t know your rights.

Assets and debts need to be divided fairly

While it’s obvious that you’ll need to divide your assets during a divorce, you may not have considered the debt. However, splitting debts down the middle isn’t always fair. If you’re not the bigger earner, you likely shouldn’t be given the same percentage of debt as your spouse. A lawyer can look at your situation and tell you what’s fair.

One of the biggest issues that can arise during a self-initiated divorce is a disagreement regarding asset division. Disputes are not easy to resolve alone and chances are, you’ll need to bring in a legal professional to avoid an unfair division.

Child custody is not simple

If you have children, a family lawyer is a must-have when you’re filing for divorce. Having kids will complicate the entire process to a much higher degree than you may think. Trying to work out a plan with your ex to share custody of your child is almost always a bad idea. Not only is there a chance that your ex will change their mind and stop following their part of the agreement, but if you don’t have a court order, you won’t have any recourse. It’s better to do it right from the beginning and get a court-ordered custody plan with the help of a skilled family law attorney.

Alimony is challenging

Coming up with a fair plan for alimony payments can be one of the most difficult aspects of divorce. Typically, the person who earns less money will be the one who receives alimony. This payment can range from a couple hundred dollars per month to thousands, depending on the payer’s income.

Unfortunately, people often try to get out of alimony payments because they no longer want to support their ex-partner, and they might try to hide income and assets. If you are the one who will be receiving alimony, you need a lawyer to help you get what’s fair. On the other hand, if you commit to paying alimony you can’t really afford without consulting an attorney, you’ll be stuck paying it and will have to go through a lengthy process to get it changed.

A divorce lawyer will keep stress levels low

It can feel empowering to file for a divorce on your own, but the potential issues can make the process frustrating when you don’t have an expert to help. Divorce is a significant life change, and getting a fair outcome is crucial for your future, especially if you have children. By hiring a divorce attorney, you won’t need to worry about figuring out complex laws and procedures. 

Your lawyer will protect your rights and ensure the whole process is handled right the first time. It won’t necessarily make your separation easier emotionally, but it will make a significant difference in your ability to achieve resolution without additional stress.