DIY Divorce Pitfalls: When You Can’t Rely Solely on Online Forms
The end of a marriage can be an extremely challenging time. Understandably, once couples decide to divorce, they probably want to get through the divorce process as quickly as possible.
More and more often, couples are turning to online divorce services offering do-it-yourself divorce paperwork in the hopes it will save them time and money in attorney fees and other costs. While this DIY approach may work for some amicable and uncontested divorce cases, there are a number of important factors to consider before taking this route.
At the outset, it may seem that your divorce process will be simple and straightforward. However, as things progress, you may be surprised by the complications that arise. In this article, we will briefly discuss concerns that arise with online divorce options. Then, we will consider when it is advisable to seek support from an experienced divorce attorney.
Potential Risks of Online Divorce Services
Divorce is a serious legal matter to be handled by legitimate entities. At times, it can be difficult to verify the credentials of online divorce providers. Additionally, divorce law often varies by state, and even valid online providers may sell you a packet of general divorce paperwork that may not meet the criteria of your state or county.
Furthermore, one of the most significant disadvantages of DIY divorce is the absence of legal knowledge. Online services won’t help clients understand complicated issues such as child custody, alimony, or asset division the way a family law attorney can.
While divorce online may initially seem like the easiest way out, it could actually result in costly mistakes in the divorce proceedings. Without qualified legal support, even couples that divorce amicably often fail to account for the long-term effects of divorce, to the detriment of their family and financial security.
Important Factors to Consider Before Proceeding With a DIY Divorce
It is not uncommon for couples to underestimate the complexities of divorce proceedings. One spouse may begin to second-guess the decisions being made or feel the need to reevaluate the settlement agreement. When such issues arise, an online divorce service simply may not be in your best interest.
Couples frequently find that pursuing a traditional divorce with the help of an attorney, rather than a divorce online, results in a more mutually satisfactory divorce agreement. Below are a number of factors that may complicate an online divorce.
Child custody and support
Child custody and child support are among the most contentious and legally intricate aspects of a divorce. Many couples pursuing an online divorce are thrown off course by the issue of child support.
Parents have a legal duty to support their minor children. State law calculates child support based on the income of both parents and the amount of overnights the child spends in each household, among other factors. A child’s health insurance, medical expenses, and emotional and physical well-being are also elements of child custody and child support agreements.
Handling these issues without the guidance of a family law attorney can lead to an arrangement that is detrimental to both the child and his or her parents. A DIY online divorce may result in an inadequate child support amount or a custody arrangement that fails to fully consider the child’s needs.
The parenting plan
Some divorcing parents think that a formal parenting plan or schedule is unnecessary. However, without a legal agreement in place, resolving disagreements over the children can be extremely difficult. Parenting time, schools, healthcare, and numerous other issues can become surprisingly contentious.
When parents agree to any form of shared custody in Utah, they are required to file a parenting plan. The parenting plan must detail the methods you will use to reach a decision when you disagree and must include a residential schedule outlining where the child will sleep on certain days, including holidays and vacations. It must also be stated whether either parent or both parents are responsible for making decisions about education, healthcare, and religious upbringing.
In fact, the parenting plan can include any topic that you want. Many divorcing couples write out an agreed-upon course of action if one parent moves out of the school district or out of state, dates or remarries, has children with a new partner, or has changes in his or her availability.
Preparing a parenting plan with the help of an experienced divorce attorney will ensure that no important factors are forgotten and you are able to maximize your time with your children.
Spousal support
Spousal support, or alimony, is often awarded to one spouse based on a variety of factors. When couples file for divorce, agreeing on spousal support is frequently at the top of the agenda, with spouses rarely finding that they see eye-to-eye on the matter. Either spouse may ask the court for alimony.
When deciding whether to award spousal support, the following things are considered:
- The standard of living during the marriage
- The financial situation and needs of the spouse requesting alimony
- The recipient’s earning capacity
- The ability of the paying spouse to provide support
- The length of the marriage
- Whether the recipient has custody of minor children who need support
- Whether the recipient worked in a business owned or operated by the other spouse
- Whether the recipient contributed to increasing the other spouse’s skills by paying for his or her education or allowing them to attend school during the marriage
Clearly, determining the proper amount of spousal support and the ability of the other party to pay can be complicated. Yet, one partner’s financial stability and long-term well-being may depend on it.
In such an important matter, online forms and DIY divorces rarely achieve a mutually agreeable solution, whereas an experienced attorney will work to thoroughly understand each spouse’s financial background and circumstances and advocate for a fair and just alimony agreement.
Asset and debt division
Property division is another area where online divorce services may not meet your needs. Utah law requires a fair and equitable division of marital property in a divorce. Deciding on a fair distribution of property involves several factors, such as how long the marriage lasted, the age and health of each spouse, their occupations, the amounts and sources of income, and other related matters.
Property that could be divided includes more than tangible assets like homes and vehicles, but also retirement accounts, pension plans, business interests, and other such assets. In a do-it-yourself divorce, individuals may struggle to accurately assess the value of marital assets or may be unaware of what constitutes joint property. This can lead to an unfair division of assets.
Additionally, spouses share responsibility for debts taken on together for the family. How these debts will be paid must be included in the divorce decree. It is advisable for a financial advisor or attorney to review your paperwork before you file, as these decisions are difficult to change after the fact.
Tax implications and liabilities
Throughout the divorce process, nearly every decision you make regarding your financial assets and future lifestyle will have tax implications. Separating your retirement and savings accounts, selling real estate, and making child support and alimony payments — among other things — all may have repercussions when it comes time to file your taxes.
When divorcing, it is crucial that you factor tax implications and potential liabilities into your divorce costs and long-term financial goals. A knowledgeable financial planner or tax advisor can work with you to determine the best way to divide your assets and set up any needed financial payments. He or she will also ensure that you do not fall into any unnecessary tax pitfalls in the midst of the settlement agreement.
If you have significant assets, an online divorce service is not going to help you with the resulting tax implications. With such high stakes, it is advantageous to consult a well-practiced divorce lawyer prior to dividing your marital property. Taking this step can go a long way in protecting your financial stability and quality of life in the years following your divorce.
Reach Out to Understanding Family Law Attorneys for Guidance
When you and your spouse are facing irreconcilable differences, it can be tempting to seek a relatively quick online divorce. However, navigating the divorce process on your own can be an incredibly taxing experience. Divorce is naturally an emotionally fraught time with many uncertainties. Under such circumstances, there is no reason to go it alone.
You deserve knowledgeable and empathetic support. The dedicated and compassionate attorneys at Brown Family Law are adept at handling all manner of divorce proceedings and child custody cases.
We are here to use our knowledge and resources to guide you through every stage of the process. Our goal is to minimize your stress and anxiety while reaching a divorce agreement that is in the best interest of you and your children.
We provide affordable and caring divorce attorney services. Please get the help your family needs today. Call 801-685-9999 or use our online contact form to schedule a consultation. With Brown Family Law on your side, you and your children can look past this challenging time to a bright future.
