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What issues can arise in a DIY divorce?

On Behalf of | Nov 27, 2024 | Divorce |

Divorce is a challenging process, and some couples try to handle it on their own through a do-it-yourself (DIY) approach. While a DIY divorce may seem faster and more cost-effective, several issues can arise without the guidance of a legal professional.

Lack of understanding of legal rights

One major issue with a DIY divorce in California is the lack of knowledge about legal rights. California has unique divorce laws, and without legal advice, individuals often misunderstand their rights regarding property division, child custody, or spousal support. This misunderstanding leads to unfair settlements that fail to protect their interests.

Mistakes in paperwork and filing

Completing and filing the proper paperwork plays an essential role in the divorce process. Errors in paperwork cause delays, additional costs, or even a rejected filing. Courts require specific forms, and individuals must fill out each one correctly. In a DIY divorce, the risk of making mistakes increases without an attorney to guide the process.

Difficulty negotiating complex issues

Negotiating terms such as child custody, child support, and the division of marital assets can be complicated. Couples who try to handle these matters on their own often struggle to reach an agreement. This struggle leads to ongoing disputes, which increase stress and emotional strain for everyone involved, especially children.

Hidden or overlooked assets

Another issue in a DIY divorce is the risk of missing assets that need division. Without a thorough understanding of financial laws, one spouse might overlook valuable assets, such as retirement accounts or investments. Missing these assets results in an unfair settlement that affects financial stability after the divorce.

Potential for increased conflict

Without a neutral mediator or attorney to help navigate disagreements, DIY divorces often lead to increased conflict. Couples struggle to keep emotions in check, making it harder to reach a fair agreement. This heightened conflict leaves lasting scars and impacts future relationships, particularly when co-parenting children.

Divorce is not easy, but seeking the right guidance helps prevent unnecessary challenges and long-term issues. Professional support protects each party’s rights and leads to a fairer outcome for everyone involved.

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