Why Do It Yourself Divorces Are a Bad Idea

father's rights lawyersThere are a number of companies advertising on the internet do it yourself divorces. These companies are usually run by paralegals or individuals with computer experience. Generally the individuals involved with these companies are not lawyers. The companies provide forms which they claim were developed by attorneys. They claim that these forms are all you need to handle your own divorce.

Do It Yourself Divorce Forms Not Appropriate in All Cases

The forms by the do it yourself divorce companies may be accepted by some courts. However, these forms do not provide a divorce specifically designed for the circumstances of you and your family. These do it yourself divorce companies do not provide legal representation or legal advice. Sometimes by utilizing these forms you can do more harm than good to your family situation. Numerous individuals who have used these pre-prepared forms have made significant mistakes that cost them money, lost custody of their children, and resulted in their being forced out of their home.

Amicable Divorce

The large number of couples using these divorce forms are generally on good terms. They use these forms with the hope of saving money. However, very simple, uncontested divorces are those which are the least expensive to hire an attorney to handle.

Protecting your assets, receiving custody and/or visitation with your children, keeping your home, are among the more serious issues that you should utilize an attorney to protect your interests regarding. There are numerous assets subject to equitable distribution in divorce cases. These assets include homes, individual retirement accounts, 401(k) plans, pension plans, 403(b) plans, businesses, professional licenses, stocks, bonds and all types of other assets. Using pre-prepared divorce forms won’t help you protect your rights to a portion of these assets.

Medical Insurance

Medical insurance can be expensive. There are specific rules in New York with regard to each spouse having availability of medical insurance in the event of a divorce. Medical insurance is also important for your children. Divorce kits won’t help you concerning this issue.

Hidden Assets

Has your spouse provided you with information with regard to all of his or her assets? You are entitled to this information. You are entitled to receive a net worth statement from your spouse disclosing all of his or her assets.

Debts are another issue in a divorce. Who is going to pay the credit card bills, the personal loans, and the car loans? The divorce laws in New York deal with the allocation of these debts. An attorney who handles divorces would be in a position to see to it that your rights are protected concerning issues involving the payment of debts.

Child Support, Spousal Maintenance, Visitation and Custody

If you have children it is extremely important to protect your children’s rights to live up to the standard of living they experienced during the course of the marriage. Custody issues and visitation issues are very complex. If your spouse gets custody of your children will she be able to move to California, New Zealand or Puerto Rico? A properly drafted settlement in divorce will see to it that your spouse cannot move the children so far away that would interfere with your visitation.

There are numerous other issues such as Social Security benefits, Medicare, Medicaid, college expenses for children, child care expenses, day camp expenses, uncovered medical, dental, orthodontia, and so on.

Elliot S. SchlisselConclusion

I hope this article has opened your eyes as to why attorneys are important in representing clients in divorces.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.