How Do 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 investment. Stocks, retirement plans, and other similar assets are considered “future income” in the event of a divorce. That means that your retirement or profit-sharing plan will usually be put in the marital asset pot and you will have to divide the value. This can be tricky because a simple purchase doesn’t take into account future income and dividends the retirement account might receive. It also does not take into account the tax problems that will arise as a result. If you or your partner have a large investment that cannot be easily divided, you may want to consult a lawyer for assistance.
2. You and your spouse have reached an agreement regarding the distribution of the property. The larger the estate, the more complex your problem will be and DIY forms don’t always have the means to solve those unique problems. Think about your marital property and everything that goes into it. Who will get the family home or will you sell it and split the proceeds? How are you going to divide up bank accounts, furniture, and even debt? If dividing your land is easy, then a DIY form will probably work just fine.
3. You and your spouse have reached an agreement on child custody, visits and support. Children are one of the biggest problems in divorce and with good reason. There’s physical custody to consider – will little Johnny or Sally live with Mom or Dad? – as well as visits for non-custodial parents and of course, child support. If you and your partner agree on how custody issues should be handled and the agreement is fair to everyone involved, then a DIY form should work fine.
4. You and your partner have reached an agreement on partner support. While most states allow couples to discuss spousal support (aka benefits or maintenance) in a prenup, judges will still review it to make sure it’s fair. The same goes with DIY divorces. If you and your partner have agreed a fair settlement or if both parties can provide for themselves without support, then standard forms should address the issue.
5. You and your spouse understand the divorce laws in your country and meet all requirements. Every state has laws that govern how divorce can be obtained. In order for your divorce to be approved by the court, you must meet various requirements and file for divorce following established procedures. Before deciding to divorce yourself, make sure you and your partner understand the laws and requirements of your country.
Of course, every divorce is different so only you and your partner can decide if your own divorce is right for you. The more the two of you can work together, the more likely you are to be able to handle the divorce on your own. And of course, if you find yourself struggling along the way, there’s no reason you can’t consult a lawyer.
If your spouse has agreed to a divorce or if he or she is missing or has left the relationship, a do-it-yourself divorce can work for you. Problems arise when a spouse decides to fight or “against” the divorce, and in this case you may want to hire an attorney to help protect your interests.