The Biggest Mistakes People Make Without a Divorce Lawyer

Many couples facing divorce start by thinking they can do everything themselves. Maybe you can relate. Perhaps you think it’s the best way to avoid drama or that your situation is too simple to involve a lawyer. Or maybe you just don’t want to spend the money. But that’s exactly how people walk right into legal quicksand. Often, amicable splits start okay and then turn into years of problems. Divorce is legally complex, and what you don’t know can and will hurt you.

An experienced family law attorney will protect you from all the hidden traps you don’t know exist. In this article, we’ll explore some of the most common, costly mistakes people make when trying to DIY their divorce.

Believing divorce is just paperwork.

 On the surface, divorce might seem like it’s just procedural, but it’s a highly technical legal process that involves more than just a breakup on paper. Here’s what you can expect to manage while going through a divorce:

 Complex property laws.

States differ in terms of how they handle property in a divorce. Some recognize communal property, while others only recognize equitable distribution. When applicable, mislabeling property can cost you tens of thousands of dollars.

Strict filing deadlines.

Incomplete and late forms will be rejected. Procedural errors are among the most common reasons DIY divorce cases get delayed or dismissed.

Overlooked binding consequences.

Once a judge signs your decree, you can’t fix something later. Many financial and child custody decisions are irreversible.

 During a divorce, there’s a lot on the line. It may begin with paperwork, but the complexity and nuances make it a minefield. Trying to navigate all of this on your own is a huge mistake.

Settling for less because you don’t know what’s fair

Without legal guidance, people tend to accept deals that look reasonable but aren’t really fair. For example, assets are often undervalued during a DIY divorce. Retirement accounts, stock options, small business shares, and crypto wallets are often missed or valued wrong. An attorney will know how to find and value them properly. 

You also have to watch out for tax issues you don’t see coming. For instance, if you’re given the house in the settlement, you might be liable for capital gains. You also need to consider property taxes and upkeep. A lawyer will help forecast these ripple effects.

Your situation can become even more unfair if your spouse has counsel and you don’t. You might not know what to ask for, and the judge isn’t going to get involved beyond their legal duty. Unrepresented parties routinely receive less than they deserve just because they don’t know what they’re entitled to.

Forgetting that parenting agreements are legal contracts

Custody arrangements are legally binding contracts that need to be followed. When you tackle custody on your own, you’re likely to have conversations that end with, “We’ll figure it out.” But that’s an invitation for conflict. And when conflict arises, a court will settle it by enforcing whatever is in your written agreement. 

Where child support is concerned, you can’t rely on online calculators because they’re too general to account for your specific situation. In a formal divorce, the state will factor in things like healthcare, daycare, extracurricular activities, and future income changes.

Mismanaging evidence and hiding assets

If you don’t have a lawyer to help you through your divorce, there’s a good chance you might mismanage evidence. For example, evidence from social media is routinely presented in court cases. Making a post about a vacation or a new relationship can hurt custody or child support claims. 

Everything of value in the digital sphere is fair game to split. For instance, courts can look at your Venmo history, PayPal balance, and cryptocurrency wallets to find divisible assets. Your digital paper trail is permanent and may become part of your divorce.

Overlooking enforcement issues

Even if your divorce seems complete, if you didn’t have it reviewed by a lawyer, you could end up with some surprises. For example, informal agreements made on the fly or with online templates often don’t meet legal standards and may not be enforceable. 

There’s also a chance that if your ex defaults on a joint credit card, the creditor will come after you – unless your decree includes indemnification.

Divorce is complex and risky – a lawyer is your protection

When your financial future and parental rights are at stake, DIY isn’t a strategy. Hiring a divorce lawyer is the best way to protect your assets, your rights, and your sanity.