DIY Divorce

In a world where divorce is rampant and becoming the order of the day, there are active debates about every aspect of it. Of course, there is an opportunity to make money off this phenomenon. If you are thinking of getting a divorce, apart from having to deal with the emotional angle, there is the important legal aspect to take care of. Getting a divorce is by no means an inexpensive prospect. If that big grand wedding cost you a packet, saying goodbye can also make a hole in your pocket. Having to contend with high legal fees the concept of a do-it-yourself divorce is gaining prominence and there are many online sites that offer assistance and sell divorce forms for a small fee. 

On the other hand, the basic down payment for a solicitor can cost anywhere between $500 to $1000 and this is only the very beginning. Everything from then on means spending more money and getting a divorce can end up costing as much as $16,000 for one partner. Freedom does have a price. Given the facts, does that automatically mean that one should go in for a do-it-yourself divorce? Both choices come with their advantages and their disadvantages and should be chosen according to the circumstances of the couple going in for a divorce.

The Advantages of a DIY Divorce Vs. Hiring a Solicitor

“A do-it-yourself divorce is the term given to the divorce proceedings carried out without an attorney.” One should take into account the prevailing circumstances before choosing to do it yourself. Couples who haven’t been married a long time, couples who do not have children, couples who are in agreement with all aspects of the settlement and couples who do not have large property or finances to dispute over are ideal candidates to consider going in for a do-it-yourself divorce.

The primary advantage to couples who decide in favour of a DIY divorce is primarily the cost factor.

  • A DIY divorce is definitely cheaper than hiring a solicitor and shouldn’t cost more than $500 in all. 
  • A DIY divorce affords the couple more control over the issues as they decide for themselves and not have a third party calling the shots.
  • A DIY divorce is far more confidential and involves less airing of dirty linen in public apart from being kept basic and simple. 
  • A DIY divorce allows greater convenience of time and aspects like filling and filing of forms can be done in the privacy of one’s home and when convenient to the person.

Taking into consideration that the circumstances suit them and the advantages of a DIY divorce, it would serve a couple well to gather as much relevant information as possible, understand that generic online forms will not be accepted everywhere and to be well aware of their rights. Some couples can even decide to hire the expertise of lawyers for certain aspects of the divorce procedures like filling and filing forms while doing the less cumbersome processes themselves. 

Disadvantages of a DIY Divorce

A DIY divorce should not be a consideration for couples who have children, who have been married for a long time with large common assets, a person who has faced harassment and abuse, a person who has reason to suspect that a partner is concealing assets or a person whose partner has hired an attorney. Under these circumstances it would be greatly damaging to the partner who needs the expertise of a solicitor and not DIY procedures. The specifics of complicated divorces are minute and varied and will not be possible for people without thorough legal know-how. Also, when having to deal with financial details and divisions, there are tax laws and entitlements to take into consideration. 

While a DIY divorce can be done in one’s own time, there is no denying that the actual filling out of forms can be a time consuming task. Incorrectly filled forms will not be accepted by the court of law.

Advantages of Hiring a Solicitor 

The advantage of hiring solicitors though expensive is that they are professionals and know the relevant laws. Especially when one of the partners is at an unfair advantage the other partner would greatly benefit from the advice of a professional. When one partner retains an attorney, the other partner unless extremely well informed and aware, could lose ground. The painful details of form filling and understanding laws specific to the state/country of residence are better handles by professionals.

Disadvantages of Hiring a Solicitor

The disadvantage of hiring a solicitor is primarily the phenomenal costs and sometimes it is just not affordable. The other disadvantage of hiring solicitors is that they very rarely make the procedure simple and issues that a couple might have easily resolved become points of conflict. Uncontested divorces, on the other hand, can be fairly straightforward and simple and solicitors can instigate their clients to get more out of their soon to be ex- partners.

Conclusion

There are as in most cases, advantages and disadvantages and one must consider all aspects before choosing either a DIY divorce or hiring a solicitor. The bottom line should be that an already painful situation should be made as simple and as painless as possible.

Article: DIY Divorce

Created on: 2007-08-16 10:04:54