Finances often amount to the most stressful part of divorce for many couples. As such, if you are filing for divorce or have been served, you may think it’s in your best interest to save money and DIY the divorce yourself. However, it’s critical to understand that, while this process may seem easy, it is incredibly nuanced. Any errors made can drastically impact the outcome of your case. As such, the following blog explores the most common errors people make when navigating a divorce on their own, as well as the importance of working with a Nassau County divorce lawyer to represent you during these difficult times.
What Is a DIY Divorce?
A “do-it-yourself” divorce is one that is filed and represented by one party without the assistance or guidance of an attorney. This is formally called a pro se divorce, as you are representing yourself in court. As such, you will be responsible for filing all paperwork correctly and on time, negotiating the terms and details of your divorce with your spouse, and representing yourself in court if you must appear before a judge.
As such, it is your responsibility to ensure you understand what documents you need to file, when you must submit them to the court, and what information you must exchange with your spouse during the discovery process.
What Errors Are Most Common?
While getting a divorce without an attorney may seem like an easy enough way to save money during this process, you may be disappointed to learn that this is far from the truth. In reality, when you file a pro se divorce, your chances of making an error that will cost you in the long run increase.
One of the most common mistakes people make when DIY-ing their divorce is failing to properly inventory their separate property. When you file for divorce in New York, all marital property, meaning assets obtained during the marriage, is subject to division under the state’s equitable distribution method. As such, if you do not properly determine what assets are separate, they may be divided and given to your spouse during this process.
Another issue comes in the form of failing to calculate your expenses. To fight for the child support and alimony you deserve, you’ll need to accurately calculate your income, expenses, and debts. Failure to do so can result in getting less support than you need, or alternatively, paying more than you can afford, thus costing you in the long run.
As you can see, forgoing an attorney during your divorce may seem like it’s saving you money, but you may end up making errors that can negatively impact your finances for years following your divorce. That is why it’s in your best interest to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg to explore your legal options when you are served with divorce papers. Our firm can help guide you through this process to protect your best interests. Contact us today to learn how we can fight for you.
