Why a Do-It-Yourself Divorce May Not Be in Your Best Interest

by Sam M. “Trey” Yates, III

If you are considering divorce, you may be thinking about trying a do-it-yourself approach using a website, book(s), and/or court-provided documents, navigating the DIY divorce process. Maybe you are hoping to save money, time, or heartache by simply getting it done. These are good intentions, but as the saying goes: “The road to failure is paved with good intentions.” Hiring a divorce attorney early can prevent potential disadvantages in the legal proceedings.

Here are some reasons why we believe hiring an experienced, board-certified family law attorney for your divorce is a better choice for most couples.

Avoid Important Legal Mistakes

Divorce is technically a lawsuit, and the legal system is complicated. In Texas, for example, divorce law can be found in the Texas Family Code, The Texas Constitution, Texas Rules of civil procedure, Texas Rules of Evidence, Texas Civil Practice & Remedies Code, Penal Code, and/or Texas Business Organizations Code. Having legal counsel is crucial to navigate these complexities and avoid costly mistakes.

One critical aspect is the marital settlement agreement, which outlines the terms of separation and must be carefully drafted to avoid future disputes. You don’t know what you don’t know. The average couple, no matter how educated and experienced they may be in other professions, likely does not know enough about divorce law and divorce finances to effectively represent themselves.

Something as simple as omitting credit card debt or underestimating other debts or overestimating the value of a major asset during property division can cause significant financial harm to yourself or your family for many years to come. In addition, such mistakes can require costly future legal proceedings to correct. Hiring an experienced family law attorney can save you money and headaches in the long run.

Reduce Stress During The Divorce Process

Divorce is an extremely stressful time for every couple and family. Having legal representation can significantly reduce the stress associated with the divorce process. The typical volume of paperwork generated by one divorce case is daunting in and of itself, not to mention the court filing fees that can add to the financial burden.

Working with a seasoned legal team who does the heavy lifting can alleviate a great deal of anxiety. Of course, you will still be responsible for providing your team with documents and information, and for staying involved in your case along the way. Nevertheless, having a good legal team on your side can take a huge load off your mind by making certain all the information is gathered and accounted for, your rights are represented, and all appropriate documentation is completed and filed in a timely manner.

You have enough on your plate without the added stress of trying to learn divorce law in the middle of your own divorce.

Receive What You Deserve: Divorce Lawyer Benefits

Each divorce situation is unique. A divorce settlement is a legally binding agreement that addresses critical aspects like asset distribution, child support, and custody. Having experienced divorce lawyers on your side, who are committed to client satisfaction, is priceless.

You may believe you know how a settlement division is likely to turn out, but you also could be factually incorrect based on any number of factors, some of which may be out of your control. For example, the judge who has been assigned your divorce case could impact its outcome. A good divorce lawyer will have some insights and guidance to offer on this aspect of your case that could only be attained through demonstrated experience with divorce, both inside and outside the courtroom.

With divorce lawyer’s help, you can feel confident that your rights will be defended and you will receive fair treatment in the court proceedings. Additionally, understanding child support obligations and ensuring they are accurately calculated is crucial to avoid future complications.

Complete the Right Documents Accurately in the Divorce Process

Inexperience in creating legal divorce documents may result in grave errors, unclear language that confuses the court, or an unintended and unwanted outcome in court hearing, especially in child custody arrangements. This could result in a divorce decree that is difficult or impossible for the court to enforce. You or your spouse may also miss one or more very important documents, creating an expensive oversight.

For example, if you and your spouse are dividing retirement accounts, this can get complicated and costly. If dividing assets in a 401(k) or pension account, you will need a document called a qualified domestic Relations Order, or QDRO. This legal document, along with your settlement agreement, should protect you. Mistakenly forgetting to submit a QDRO could trigger unnecessary taxes or penalties.

Avoid Delays in Divorce Proceedings

Do-it-yourselfers can find themselves recreating the wheel, redoing forms and correcting missteps along the way that result in delaying the court’s ruling, and possibly delaying the date the divorce is finalized, unlike an uncontested divorce which is typically more straightforward. With a trusted divorce attorney’s assistance, you generally stand a better chance of moving through the divorce process at a steady pace. These experts know which forms to complete when to submit them, and what information and documentation the court requires to do its job. It is far more efficient to hire a skilled professional than to tackle the challenge alone. The results will speak for themselves.

The Value of Professional Legal Assistance in Divorce

Navigating the complexities of a divorce on your own can lead to significant financial and emotional pitfalls. While a do-it-yourself approach may seem like a cost-effective solution, the potential for mistakes, stress, and delays makes hiring an experienced, board-certified family law attorney a wiser choice. A seasoned legal team can help you avoid costly errors, reduce stress, ensure fair treatment, accurately complete essential documents, and expedite the divorce process.

Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of the guide to Good Divorce℠ seminars for women. If you have questions about your Texas divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation. If you’d like more information about Trey Yates’ 2021 The Guide to Good Divorce℠ seminars, please visitwww.GuideToGoodDivorce.com or call 713.742.6606.