Sunday, February 24, 2019

What You Should Know About Do-It-Yourself Divorce

Marital bliss has waned and despite the best efforts of you and your spouse, the time has come when you’ve decided divorce is the best path forward. Once that painful decision has been made, you likely want to move quickly through the divorce proceedings and come out on the other side. You look for the path of least resistance and think perhaps a do it yourself divorce is the option.

Do it yourself divorce is appealing because people often think they’ll be able to do it quickly, there won’t be the need to rehash the drama with attorney’s, and it will save them a lot money. The problem is it rarely works out so neatly and may in fact still land you in court paying substantial fees.
As with everything in life, it’s best to be educated before making decisions. Therefore, here are some important things for you to consider before you head down the do it yourself path:
  • Divorce law differs from state to state and procedures differ from county to county. Your research may lead you to answers that are not applicable where you are filing.
  • Online divorce sites provide paperwork for general laws and may not have the exact forms required by your state or county. 
  • The County Clerk is not able to guide you. In fact, they are ethically bound not to dispense anything that can be construed as legal advice. County courts typically do not post divorce documents online.
  • Tax issues always come with divorce, and at times, they can be extremely complex. Transfers and liquidation of marital property, investment accounts, retirement, and real estate all need to be decided. Even the timing of filing will have an impact upon your taxes.
  • Child support is another complex area. Who pays? How much is paid? What is covered under child support? What happens if the responsible party doesn’t pay? Can you add items that are not covered under state mandated expenses? Can child support be modified, and if so, how? What are the tax consequences of child support?
  • Is alimony owed? How, if at all, does child support affect alimony? 

The above is by no means a comprehensive list of all the complexities of divorce. The divorce decree is a legally binding document which can be difficult, time consuming, and costly to alter once filed.
The time spent going through a divorce can be emotionally challenging. Having a caring professional in whom you can put your trust can give you peace of mind. The Law Office of Pamela J. Helton has walked side by side with clients through countless divorce proceedings. We pride ourselves on not only being extremely knowledgeable and proficient in getting the best results for our clients, but also in being caring individuals who truly want to help each client through each step of the process.
If you are considering divorce, please call us at 352-243-9991 to learn how we can best serve you.