Are you the right candidate for a DIY divorce? Keep reading and find out.
Yes, it’s possible to file your own divorce and finish the process devoid of the help of an attorney. Nevertheless, prior to you commencing a DIY (do it yourself) divorce, think about the following tips.
You are a Good Candidate If …
You are most likely a good candidate for a DIY divorce if:
- you and your spouse agree on all issues – allocation of property, support, and custody;
- you are content that you have comprehensive details concerning your family’s assets and debts and these are somewhat simple; and
- you are satisfied with the arrangements for your children relating to custody and support, and shared parenting-time. To put it simple, you consider the settlement is just and rational.
Do You Have the Time and Right Frame of Mind?
Certainly, you want to save money, but are you going to have the time to go over your state’s divorce law, collect the documents, and see through with court filings and court appearances? Meanwhile, you are going to need an even frame of mind to deal with the emotional instability that could be in play even when you both fully agree to the process.
Think About Mediation
When just one or two matters stand between the two of you attempting your DIY divorce – say, for instance, visitation rights – stay strong. You and your spouse could reach agreement and resolution using a divorce mediator, a professional that can bring closure to many convoluted divorce issues. Likewise, when emotional issues are producing a wedge, the mediator might be able to assist with an ending to the standstill.
Divorce Through Mediation Saves Money
Divorce mediation is a perfect way to deal with a divorce when you and your spouse don’t really agree on all the important conditions.
Don’t Neglect Tax Matters
There are severe and long term tax considerations for many divorces. Prior to signing off on your DIY divorce filing, you might want to think about speaking with an CPA, financial advisors or tax preparer that are able to let you know about the possible tax matters following divorce. And remember, www.irs.gov, provides free information about each of the tax matters associated to divorces.
Stay Away from DIY if There is Rage or Deception
You are not a ideal candidate for DIY divorce when your spouse is a vessel of unresolved rage, such that they pose a danger to you and/or your children, carrying out a DIY divorce is not suitable. It’s also not suitable if you have a compelling belief that your spouse is concealing money or transferring shared assets beyond your control.
Lawyers Have Their Benefits
There are reasons why lawyers bill high fees. They’re usually aware of long term concerns that you might not think about, for instance, whether a court is going to “impute” forthcoming income to a spouse that has an outstanding financial future. Lawyers additionally provide a shield – all communication and contact may be channeled through the lawyer’s office when things get messy. Also, lawyers might have a better bead on child custody matters and what the court deems as a parenting plan that has the best interests of the child in mind.
Speak to Some Lawyers First
When you’re not sure that a DIY divorce is the right choice for you, talk to some divorce lawyers first. Initial consultations are usually free of charge and provide you with an opportunity to explain the circumstances of your case to them. You may be able to get some hearty information quickly to help determine if you require the guidance and safeguarding of a lawyer by your side.
Divorce Lawyer in Scottsdale & Phoenix, Arizona
Moshier Law is your first choice for when you need the best divorce attorney in Scottsdale and Phoenix, Arizona. Moshier Law should be your choice when you need the best divorce lawyer in Scottsdale. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, you’ll know every option.