Divorce Without a Lawyer: How Things Can Go Very, Very Wrong
You’re standing in front of a judge, a sheaf of papers in your hand. At the table behind you is your soon-to-be-ex and her family lawyer. You open your mouth to speak. What could possibly go wrong?
According to Jennifer Brandt, family lawyer with the firm of Cozen O’Connor, just about anything. The clients she counsels have wisely chosen not to DIY when it comes to divorce, despite the wealth of online information that lures litigants to go it alone.
Among her top reasons not to opt for divorce without a lawyer are:
Expense
Most people think divorce attorneys cost a fortune in fees, so they eschew a lawyer. But in reality, divorce lawyers usually save their clients a fortune because their fees are quite inexpensive as long as both parties can agree on such major terms as property division, support and custody. What do you get for that affordable fee? Legal guidance that prevents you from making terrible mistakes.
Judges Don’t Feel Sorry for pro Se Litigants
If you think that the duty counsel is going to leap to your aid, or that the judge will hold your hand through the proceedings, you’re wrong. The court expects that if you haven’t hired a lawyer, you must know what you’re doing.
The case will proceed as if you do – so you’d better brush up on your divorce law and all the procedures and rules of the Court. If you don’t know how to structure a divorce settlement, expect to come out at a disadvantage.
Division of Property Is Often Final
Once an order is issued by the court dividing your assets, that’s it. So if you thought the house was worth a lot more than it is, and let your ex keep all the guaranteed investments, life insurance and cash without speaking to a lawyer about things like inflation, budgeting and retirement, there may be nothing you can do to change this in the future.
Indeed, DivorceNet.com states that the biggest mistake divorcing couples make is not knowing the true value of the family assets.
They recommend beginning to gather information now so you can protect yourself if a spouse tries to hide or liquidate assets later.
Other common mistakes couples make – all of which could be prevented by talking to an experienced divorce lawyer – include:
- Failing to speak to an accountant about minimizing tax impact when divorcing
- Underestimating living expenses, including inflation (which can cause prices to roughly double every 24 years) when calculating support payments and structuring the divorce settlement
- Over-using your divorce lawyer (using him/her as a therapist) rather than seeking appropriate outside help to cope with the emotional and financial strain of divorce. It’s expensive!
Convinced?
Clearly, divorce without a lawyer can become very complicated. Since you’re already in a tough spot, ensure that divorce court isn’t more stressful or harmful than it needs to be. Professional legal help can make all the difference.
With decades of collective family law experience, Fine and Associates Professional Corporation can help you navigate your divorce with confidence. Learn more about how we can help, and fill out the form to request a free consultation.