Many people mistakenly believe that a do-it-yourself divorce will be faster and more cost-effective than hiring an attorney. But the opposite is usually true — without getting the legal assistance you need, you could risk making costly mistakes that could adversely impact the outcome of your case. Importantly, unbundled legal services can give you the best of both worlds. You can still save money and get the counsel you need for specific aspects of your case by using limited scope representation.
Here are several pitfalls to be aware of when it comes to a do-it-yourself divorce:
Divorce is always emotionally difficult, and it can be all too easy to want to rush the process to get it over with as quickly as possible. However, rushing into a settlement too soon is often a mistake. It’s essential to take the time necessary to understand your legal rights and be informed of your options so you can make informed and solid decisions. Attempting a do-it-yourself divorce without seeking an attorney’s advice to review your settlement might lead to agreements that aren’t in your best interest. The thought of hiring an attorney shouldn’t scare you—finding the right one to assist you can be a wise decision.
You might think you can enter into a divorce settlement quickly and change the terms later if you are unhappy with them. But it’s vital to understand that while some provisions in a divorce decree can be modified, others cannot be altered. Even in situations where the terms can be changed, it can be very difficult to do so. Modifying child custody, child support, or alimony can require time-consuming negotiations — or costly litigation in cases where the parties cannot reach an agreement.
If children are involved in your divorce, it’s crucial to ensure their best interests come first. Creating a parenting plan that works for the whole family and meets your children’s needs can take some time and it’s important to understand the legal requirements. By attempting to create a parenting plan in a do-it-yourself divorce, you could make mistakes that result in time spent in court trying to fix them later. A skillful family law attorney can help you keep your emotions in check and work with you to ensure your plan is thorough to avoid the potential for future litigation.
Minnesota follows the doctrine of equitable distribution when it comes to property division in divorce. This means property is divided in a way that is deemed fair to both spouses — not necessarily equally. Understanding which assets are fully or partially pre-marital, non-marital, or marital is also important. Additionally, it’s crucial to recognize that not all assets are the same; some come with tax consequences, while others may appreciate or depreciate in value. Not fully understanding the legal and financial implications of property division in your case can lead to an unintended outcome.
Spousal support in Minnesota can be complex since there is no specific formula that determines it. Rather, a judge can consider a number of factors, including the length of the marriage, the fairness to both parties, and each spouse’s income or earning ability. If you’ve opted for a do-it-yourself divorce, it can be all too easy to make mistakes in deciding on an appropriate amount. This can result in you getting less than you deserve if you’re the receiving spouse — and paying more than you should if you’re the higher-earning spouse. Finding an amount that makes sense for both of you is helpful to reaching a resolution.
If you have decided that a do-it-yourself divorce is best for your situation, you can still get help for specific issues in your case by using limited scope representation. For instance, when you use unbundled legal services, you can get legal assistance in the areas where you need it, rather than spend money on an attorney to represent you for your entire case. A limited scope representation attorney can provide you with assistance for specific issues in your case, such as:
Divorce is stressful — don’t think you have to go through the process alone. If you find it would be better in your case to opt for legal representation after you’ve already commenced a do-it-yourself divorce, you can retain an attorney at any time. Remember, the attorney you choose can significantly impact how things unfold, making it crucial to select the right one. Ensure they align with your goals and keep yourself informed. While it might seem cost-effective to avoid hiring an attorney, it can be a costly mistake in the long run. Consulting an attorney before making decisions or finalizing matters can help you avoid expensive errors.
If you are considering a do-it-yourself divorce, unbundled legal services can ensure you have the legal help you need, when you need it most. Located in St. Paul and Edina, The Law Shop Minnesota provides a broad scope of client services for Minnesota divorce matters. We recommend reading this blog if you are curious about the Benefits of Unbundled Legal Services.
We welcome you to contact us online for a consultation or by calling (651) 344-6100. We are available to meet in person or via Zoom, regardless of whether you are in Minnesota.
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