Do I Qualify To DIY My Divorce?
Divorce journey on your own… you may be able to save the money and go on vacation instead.
The truth is, for many people, the journey of divorce is easy. Both Parties agree divorce is right for them, there is not much to split, they don’t have children yet, and they have not purchased a home. When you have a simple, easy, uncontested divorce, you don’t need to spend thousands of dollars on an attorney — if you do things correctly.
So what do people do to mess up their divorce?
I have a great free report on the “5 Mistakes People Make When They DIY Their Divorce”.
As an attorney, sometimes I have to come in and clean up the mess of a DIY case. It is not the fault of the person filing the case, it is some junk forms that are thrown up by the State with 0% explanation on how to fill them out. They have a one page “course” that is meant to replace 3 years of law school.
The secret is that you CAN file your own divorce if you have a little help. If you know the mistakes to avoid, understand the concepts of divorce, and learn how to testify, DIY Divorce is a breeze!
If DIY Divorce is for you and you live in Missouri, check out the 3 Secrets to DIY Missouri Divorce
The people filing on their own without an attorney need to fit the “qualifications”.
- If you have real estate, you will need an attorney to help you at least prepare a Judgment. You will also need a Quit Claim Deed prepared (even on a non-marital home… at least that is my recommendation).
- If you have kids, in Missouri, the Judgment forms don’t work. Same thing- an attorney needs to do that one piece for you. However, you may want help with child support calculations and a customized Parenting Plan that is specific for the needs of your family.
- If you are splitting a specific retirement account, you will need the help of the attorney for the Judgment and the specialized Qualified Domestics Relations Order.
- If you have a larger estate, it is best to have a Marital Settlement Agreement so you are protected at the final hearing… no switch-a-roo by your Spouse.
- You need to know how to find your Spouse and serve them the divorce papers. If not, you will need the help of an attorney and Special Process Server.
What if I don’t “qualify”? Can I still DIY?
Yes! If you do part and only hire an attorney to do certain things, this is called “Limited Scope Representation”. It is like going to McDonalds and only ordering the Quarter Pounder — not the value meal. You can also choose mediation if the Parties need a little help coming to an agreement or need help with a bit more complicated estate. Some mediators, like myself, will also draft the agreement so you can file it with the Court. I call this “Delightful Divorce.”
What if I just want an attorney to do all the work? Can I still save money on my fees?
100%! This is called “Flat Fee Representation”. You only pay once cost for the whole case and are not billed hourly unless the case becomes contested later.
Again, when you have kids, this is the perfect fit if the Parties want to do a simple 50/50 custody plan without child support.
CAUTION: There is no such thing as an attorney who represents both Parties. You only have 30 days to file an Answer (although sometimes you can get an extension). I see this all the time… someone gets to the final hearing and what they were told was the “agreement” is not what their Spouse is requesting. At that point, it might be too late to request a continuance and you get the short end of the stick (and it feels like you were beaten with that stick too). There is no recourse!
Divorce does not have to be hard if you don’t own a lot of property, but you should get the help you need… either legal advice or use the DIY Divorce Secrets Course. Still not sure what you need? Take the Divorce Quiz!
If you do hire an attorney, don’t settle for old fashioned legal advice that does not offer you the VIP Service you deserve. Legal Representation should be more than just getting your Judgment signed by the Court… you should get the practical, emotional, and legal support and advice you need without paying a fortune.
The important thing is that you don’t put off getting your divorce finished. You could loose track of your Spouse. The Wife could get pregnant with someone else and now you have a HUGE mess! More importantly, why put off starting the life you want and deserve? Get the life you want, without spending a fortune and use that money to take a divorce celebration trip instead!
