Common DIY Divorce Errors to Avoid

Key Takeaways

• DIY divorce can be risky, costly, and result in unintended long-term consequences.
• Some of the dangers of a DIY divorce include not understanding the law or the rights you have.
• The best way to protect your rights in divorce is by having a knowledgeable attorney to help you navigate the process.

DIY Divorce Errors to Avoid

A DIY divorce may sound like a good idea to save money that would otherwise be spent on attorney fees. However, trying to handle your case without experienced counsel can result in costly errors that impact you for years to come. It’s essential to understand the common DIY divorce pitfalls and how a knowledgeable divorce attorney can help you avoid them.

1. Not Understanding the Law

One of the biggest DIY divorce errors pro se litigants make is waiving rights they may not have known they had. Whether your divorce is straightforward or complex, it’s crucial to have a solid understanding of the law. Failing to understand your rights and the laws that govern a Missouri divorce can lead to missed deadlines, unenforceable agreements, and unfair settlements.

2. Letting Your Emotions Get in the Way

Divorce is often an emotional process, as much as it is a legal one. When you handle your case on your own, it can be all too easy to let your emotions get in the way. This can lead to prolonged litigation, poor decision-making, and increased conflict. It can also have a negative emotional impact on your children. A divorce attorney can manage communication with your spouse, handle the complex legal aspects of your case, and guide you through the divorce process to take the burden off your shoulders.

3. Not Filing Papers Correctly

There are strict procedures when it comes to filing divorce papers. Not filing them correctly or failing to submit completed documents can result in additional costs for refiling, delayed proceedings, or dismissal of your case. This is a common DIY divorce error that can result in more time, stress, and expense incurred than if you had hired an attorney to prepare and file them.

4. Failing to Serve the Divorce Papers on Your Spouse

In addition to the filing procedures, there are stringent requirements for serving the divorce papers on your spouse under Missouri law. If you do not serve the papers within a certain time frame, your case could be dismissed and you would need to file the action again. A divorce attorney will understand the applicable rules and timelines associated with service or process, as well as the alternative service options available if your spouse cannot be located.

5. Miscalculating Child Support

Child support calculations can be complex. While there is a specific formula under Missouri law that is used to calculate support, parents can also agree to deviate from that amount. A divorce attorney can help ensure the child support agreement you enter into with your spouse is fair, enforceable, and in the best interests of your child.

6. Overlooking Assets

One of the biggest mistakes a pro se litigant makes in a DIY divorce is overlooking assets. While each spouse is required to make full financial disclosure, assets may be inadvertently left out of negotiations, or purposely concealed. Failure to identify marital assets that should be divided can result in an unfair division of property. If fraud is uncovered and hidden assets are found after the divorce has been finalized, a Missouri court might even reopen the case. An attorney can help ensure all marital property is identified, characterized, and equitably divided during the divorce process to avoid unintended and costly consequences.

7. Ignoring the Long-Term Impact of Property Division

When dividing property in a DIY divorce, it can be all too easy to ignore the long-term financial impact. Certain assets may have tax implications or affect your financial obligations well into the future. When you work with a divorce attorney, they can advise you regarding the tax penalties and financial issues associated with property division.

8. Misunderstanding Alimony

Alimony (also referred to as spousal support) can be a contentious issue for many couples, especially in long-term marriages. Many spouses in a DIY divorce may not realize there is no automatic entitlement to alimony. Rather, courts apply a number of factors to determine whether an award of alimony is appropriate, and the duration. A diligent divorce attorney can advise you regarding your right to receive alimony if you were the financially dependent spouse, or help protect your financial interests if you are the spouse who is obligated to make payments.

9. Rushing Through the Process

Many people want to get their divorce finalized as soon as possible to move on to the next chapter in their lives. However, rushing through the process can lead to overlooked financial details, emotional decision-making, and a missed opportunity to negotiate a more favorable outcome. Critically, you may end up forfeiting something you might have been legally entitled to. A divorce attorney can help you navigate the process at an appropriate pace and ensure your rights are protected every step of the way.

Contact an Experienced Missouri Divorce Attorney

DIY divorce can be risky and costly. It’s best to have the representation of a skillful divorce attorney who can help you avoid pitfalls, as well as provide the resources and advocacy you need as you go through the divorce process. Divorce and family law attorney Mark A. Wortman is committed to providing his clients with reliable legal services and trusted counsel for clients facing divorce in the greater Kansas City, Missouri area.

If you are going through divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help. You can contact Mark online or by calling (816) 523-6100