How Can You Know if a Do-it-Yourself Divorce Form is an Option for You?
1. Neither you nor your spouse have an IRA, retirement plan or other investments.Stocks, retirement plans and other similar assets are considered to be “future income” in terms of divorce. That means that your pension or profit-sharing plan will typically be included in the marital asset pot and you’ll have to divide its value. This can get tricky since a simple buy-out doesn’t account for the future earnings and dividends that the retirement account might receive. It also doesn’t account for the tax issues that will arise as a result. If you or your spouse have considerable investments that cannot be easily divided, you may want to consult an attorney for help.
2. You and your spouse have come to an agreement regarding property distribution.The bigger the estate, the more complex your issues can be and DIY forms don’t always have the means to address those unique concerns. Think about your marital estate and all that it includes. Who will get the family home or will you sell it and split the proceeds? How will you divide bank accounts, furniture and even debt? If splitting up your estate is a no-brainer, then a DIY form will probably work just fine.
3. You and your spouse have come to an agreement regarding child custody, visitation and support. Children are one of the biggest issues in a divorce and with good reason. There is physical custody to consider – will little Johnny or Sally live with Mom or Dad? – as well as visitation for the non-custodial parent and of course, child support . If you and your spouse are in agreement as to how custody issues should be handled and that agreement is one that is fair to everyone involved, then a DIY form should work fine.
4. You and your spouse have come to an agreement regarding spousal support. While most states do allow couples to address spousal support (a.k.a. alimony or maintenance) in a prenuptial agreement, the judge will still review it to be sure that its fair. The same is true with a DIY divorce. If you and your spouse have agreed to a fair settlement or if both parties can sufficiently provide for themselves without support, then a standard form should be able to handle this issue.
5. You and your spouse understand the divorce laws of your state and meet all the requirements. Every state has laws that set out how a divorce may be obtained. In order to have your divorce granted by the court, you must meet various requirements and file the divorce following established procedures. Before deciding to do the divorce yourself, be sure you and your spouse understand the laws and requirements of your state.
Of course, every divorce is different so only you and your spouse can decide if a do-it-yourself divorce is right for you. The more the two of you can work together, the more likely it is that you can handle the divorce yourself. And of course, if you find yourself struggling along the way, there’s no reason you can’t consult an attorney.
If your spouse has agreed to the divorce or if he/she is missing or has abandoned the relationship, a do-it-yourself divorce may work for you. The problem arises when a spouse decides to fight or “contest” the divorce, and in this instance you may want to hire an attorney to help protect your interests.
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