5 Problems with a DIY Divorce
We’ve all dabbled in the occasional do-it-yourself project. Many of us have painted a bathroom, built IKEA furniture, or cut our child’s hair (this last one turned out very badly for my son). But there are some activities that I would never dream of DIYing. Brain surgery. Electrical work. Building a house—just to name a few. That’s because they require specialized expertise, can be dangerous, and may not be cost-effective. While being a divorce attorney is not akin to brain surgery, I wouldn’t recommend doing it yourself. Getting caught up in the short-term savings of not hiring an attorney may lead to a serious long-term financial loss. Below are some (of the many) reasons why a DIY divorce is probably a very bad idea:
You have rights. But you won’t know what they are unless you consult with an attorney. For instance, you could unwittingly sign away all rights to your home because you mistakenly believe that you aren’t entitled to its equity. Maybe a friend who was divorced in another state told you this is the case since the home was purchased before the marriage. Friends who have gone through a divorce can be a shoulder to cry on, but they should never be your source of legal advice! Or you may be under the impression that you have no claim to an account just because it is titled in your spouse’s name. This is generally not true if the funds were accumulated through marital effort. Divorce attorneys can help you figure out what portions of your home and accounts are marital versus separate property.
Do it for the kids! You may think a DIY divorce is in the best interest of your children. Not often. Georgia courts require that divorcing parents create a parenting plan, which serves as a handbook for how to be good co-parents once you are divorced. A fill-in-the-blank parenting plan—completed without a lawyer—will likely be short, non-specific and filled with ambiguities that could lead to years of fighting. An attorney will help you draft a comprehensive parenting plan, which should be at least 15 pages and address details like: Do you have parenting time with your child on Mother’s Day/Father’s Day even if it is technically your ex-spouse’s weekend? Is there a waiting period before your child meets your ex-spouse’s new girlfriend or boyfriend? Are there limitations on how much your ex-spouse can drink during his or her parenting time? Are you entitled to your child’s travel information (flight times, hotel confirmations, etc.) a week before departure?
Alimony and child support. Two of the most common mistakes I see in DIY divorces is that one spouse waives his or her right to alimony or agrees to child support that is inconsistent with the Georgia Child Support Guidelines. Oftentimes, alimony language is buried in the settlement agreement and is only one line, which you might not notice. And the reality is that it is almost impossible to modify a waiver of alimony once you’ve signed it. As for child support, you may wind up paying too much (or receiving too little) if you are not well-versed in how to complete the required child support worksheet. There are also additional forms of child support that you may not be thinking about now, but could crop up in the future: who will pay for your child’s cell phone, car insurance, SAT tutoring, extracurricular activities, bar mitzvah?
What about taxes? DIY divorce forms almost never include tax language. It is important to not only address how a future refund or assessment will be handled, but what will happen in the event of an audit. One party may not even know that taxes for previous years were never filed. This party will most certainly want indemnification language to protect him or her from the IRS.
You are inevitably leaving money on the table. To get divorced in Georgia, you must submit a settlement agreement to the court. A divorce attorney will tailor this settlement agreement to your situation. And because Georgia is an equitable-division state, the marital estate does not have to be divided 50/50. For instance, if one spouse committed “bad acts” (like adultery), then the other spouse may be entitled to a larger portion of the marital estate. Without the help of an attorney, you may also forget to consider valuable assets. Maybe you or your spouse travels regularly for work and has hundreds of thousands of miles and hotel rewards. This is an example of a marital asset that can be divided but is often ignored by those without attorneys.
“But I didn’t know what I was signing.” This is not a valid excuse and will almost never allow you to invalidate a divorce decree. If you sign a settlement agreement, you’ll have to either live with the agreement or attempt the costly and uncertain process of modifying your agreement.
Some things are great for DIY. But a divorce is not one of them. You should, at the very least, consult with an experienced divorce attorney before signing documents that you might come to regret.
Lennon, Giovinazzo & Steele Family Law attorneys have the knowledge and experience to help with any family law issues. Contact us at 404.726.8501 or visit our website at www.lgsfamilylaw.com to schedule a Zoom or in-person consultation.