Friday, October 27, 2023

Do-It-Yourself Divorce: Is it Right for You?

 Do-It-Yourself Divorce: Is it Right for You?

Navigating a divorce in California without legal representation can be challenging, but is the cost savings worth the extra work and uncertainty? Here's what to consider when deciding between DIY divorce or hiring an attorney.

Pros of DIY Divorce

The main appeal of handling your own divorce is avoiding high attorney fees, which often exceed $200 per hour. You also maintain full control over the process and can complete forms on your own timeline.

DIY divorce works best for couples with minimal shared finances or debts, no children, and amicable splits. If you and your spouse agree on how to divide assets and don't anticipate disputes over support, the process may go smoothly without legal counsel.

Cons of DIY Divorce

The tradeoff of saving legal fees is taking on much more responsibility to understand California's divorce laws and correctly file all paperwork. If forms are incomplete or contain errors, your case faces delays and complications.

Without attorney guidance, you must negotiate directly with your spouse on sensitive issues like asset division and spousal support. Do-it-yourself divorce can become extremely difficult in high-conflict situations without an objective professional to mediate.

Though DIY divorces take less time without attorney back-and-forth, they may still take 6-12 months if documents are not thoroughly prepared. Don't underestimate the steep learning curve.

Key Questions to Consider

  • Do you fully understand alimony, child support, and division of assets and debts under California law?
  • Can you and your spouse negotiate major divorce-related issues reasonably without intervention?
  • Are you ready to handle completing all legal forms accurately on your own?
  • Could the DIY savings be lost if your case faces delays or complications?

While do-it-yourself divorce may work for some, consulting at least briefly with an attorney is smart before filing. An hour of legal advice upfront could save you money and stress over the long run.

If finances are a major factor, research low-bono or pro bono legal aid services in your area to see if you qualify. An attorney's expertise is usually worth the investment for the best possible outcome.

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