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from: Do it Yourself Divorce Forms: Good Idea or Not?


Divorces can be very expensive, especially when lawyers are involved. It is no wonder that many people prefer to purchase divorce forms at an office supply store or at one of many sites online and file their own divorce papers. This method of getting a divorce is certainly less expensive, and it works well when the divorcing couple is in agreement about most issues.

However, do it yourself divorce forms do not work in every situation. Under the following circumstances, it is better to forget about filling out divorce forms on your own and hire a lawyer. The expense will be well worth the headache it prevents.

The Divorce is Contested

In a world of no-fault divorces, it's very rare to see a divorce contested and far rarer to see it successfully contested. However, if your partner is fighting the divorce, he or she will probably refuse to sign divorce forms. In this situation, it is easier for both parties to get a lawyer and have the lawyers communicate with each other. This takes the emotion out of what can be a very upsetting experience. In the end, after talking with an attorney, your partner will probably ultimately agree to the divorce, but it's good to have someone to represent you in court just in case.

Child Custody or Child Support Are Contested

Kids suffer during a divorce as much or even more than their parents do. The last thing they need is to hear Mom and Dad fighting with each other as they attempt to get the divorce forms filled out. If there is disagreement concerning the children, both parties should seek attorneys. You may be referred to mediation, but ultimately if you and your spouse cannot agree, a judge will listen to witnesses called by your attorneys and make the final decision.

Money and Belongings Are Contested

Many couples are able to work out the financial aspect of the divorce without to many problems. Generally, each partner keeps what he or she brought to the marriage, and the "marital assets," those belongings that were accumulated during the marriage are either divided or sold with the resulting money evenly divided. However, it isn't always that easy. Suppose one spouse amassed a huge amount of credit card debt that the other spouse was not aware of. Or one spouse started his or her own business, became a millionaire, and argued that the other spouse had nothing to do with the business' financial success? These are cases that need to be presented by an attorney to a judge familiar with the issues.

A Large Amount of Money is Involved

Even though you may think you agree on every issue including the division of assets, it's a good idea to hire an attorney if there is a lot of money involved. The last thing you want to do is sign a form you don't understand and cheat yourself out of your fair share of assets.

Many couples every year successfully divorce with do it yourself divorce forms. Divorce forms provide an excellent option for people with few assets who are largely in agreement about the divorce. However, couples who disagree on key issues and couples who stand to lose a lot of money are probably better off hiring divorce attorneys.