Many people choose a DIY divorce in an effort to save money or expedite the process. While this is a completely valid choice, it’s important to recognize that divorce law can be complex and, without the help of a legal professional, you are more likely to miss a deadline or slip up in other ways. It is crucial to understand and avoid the common mistakes made during DIY divorces. Understanding your legal options and responsibilities during a divorce is pertinent in protecting your rights and future. For more information, reach out to a knowledgeable Suffolk County divorce lawyer and set up your free consultation today.
What is a DIY Divorce?
A DIY (Do it Yourself) divorce, otherwise known as a pro se divorce, is one where the spouses handle the divorce without the assistance of an attorney or legal professional. This means that the individuals are responsible for preparing and filing all required paperwork, attending hearings, negotiating the terms of the divorce, and representing themselves in court.
When the divorce is uncontested, meaning both spouses agree on the terms, a DIY divorce can be a great way to save costs. However, it is important to recognize some of the most common errors that are made during the process.
What Are Common Mistakes in DIY Divorces?
Even if your divorce is uncontested or seems straightforward, DIY divorces can be tricky. Mistakes and errors can lead to delays in the process, confusion, legal disputes, or even result in the case being considered invalid. Below are some of the most common mistakes made during DIY divorces.
- Incorrect paperwork: Legal documents are extremely detailed, and it is crucial that you fill out forms accurately and completely. If you submit documents that contain false information or are incomplete, the court could reject the form or require you to make changes, which could lead to significant delays.
- Misunderstanding legal requirements: Child custody and support are two of the most important issues in a divorce where the couple has a minor child. It is important that you and your spouse come to an agreement that prioritizes the best interests of your children. However, you may not understand the legal requirements for child support or custody arrangements. Even if you both are in agreement, your arrangement could be unenforceable or not in the child’s best interest.
- Making decisions based on emotions: When you represent yourself, there is no objective legal professional to lend their unbiased opinion and advice. If emotions are running high, you could make decisions that do not reflect what is best for you, your spouse, and your family.
- Inadequate understanding of property division: New York is an equitable distribution state, meaning that marital property must be divided based on what is fair, not necessarily what is equal. If you do not understand the legal requirements for property division, you could create an arrangement that is unbalanced and could be rejected by the court or leave one spouse at a significant disadvantage.
It is important to avoid these errors at all costs during your DIY divorce. For more information and to secure skilled legal representation, reach out to an attorney at Peter V. Mandi & Associates, Inc. today.
