Is it a Good Idea to be Your Own Lawyer in a Divorce Case?

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by: jameswalsh
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Breaking up of relationship is never easy but the pain can be reduced to some extent if a mutual agreement is adopted in the process of divorce.

Be Your Own Lawyer

If two people have agreed to make their break-up straightforward, the best solution to this is to handle the divorce themselves without the intervention of a solicitor. It is both legally and practically possible to get your divorce without a solicitor. Handling your own divorce is known as ‘Do It Yourself’ (DIY) or ‘Pro Se’ divorce.

DIY Procedure

Many people have wrong notion that DIY means filling up of some forms and getting the other partner to sign on it. However, DIY is more than mere filling up of forms. It is about accepting responsibilities, taking mutual and sound decisions, and controlling the progression of things. If the case calls for a marital agreement, getting a fool-proof agreement ready with all the details agreed between the couple becomes important.

Who is Eligible for a DYI?

A DYI approach is possible only if both the spouses have reached mutually agreeable solutions to all the problems arising out of a divorce. This covers the financial issues, child custody and child support issues and issues relating to division of marital property.

Even though it is a very practical approach for sorting out a complicated problem, DIY is not chosen by couples with

Dependent children

Significant amount of property

A long term marriage that their properties have become enmeshed

Problems of physical abuse

Suspicion about each other on grounds of infidelity, property concealing etc.

The Process

The procedure for divorce is the same as it would be when carried out by a lawyer. The only difference is that you will take the responsibility for all decisions instead of getting guidance from an experienced solicitor. However, even if you employ a solicitor, they can only guide you. Ultimately, it is the divorcing couple who needs to negotiate terms and make a final decision.

Why should You Opt for a DIY?

Statistics prove that if one actively participates in settling their own divorce they are bound to get a good outcome.

The most important factor is that it is much cheaper. Solicitors usually charge outrageous amounts on an hourly basis to handle the case. DIY means low solicitor’s fee, almost a fraction of what you might be required to pay to a solicitor.

DIY is a quick process and it saves a lot of precious time that is usually wasted in a general divorce case.

Moreover, it offers convenience and maintains the confidentiality of the case. The online divorce kit takes you through the process of divorce step-by-step.

Though there are a lot of advantages, there are some flaws that discourage some divorcing couples from opting for it.

Disadvantage of DIY

Though the online forms are simple and self-explanatory, many times, incorrectly filled forms results in rejection of the form and unnecessary wastage of time. Moreover, filling up these forms itself consumes a lot of time.

Educating yourself thoroughly in financial matters like pensions, property distribution and taxes is a must; otherwise you are likely to get caught in an inequitable distribution of property.

DIY is not recommended for couples who have dependent children or who have acquired a lot of assets, and are facing conflicts with issues such as child support, child custody and division of assets. Solving these problems without the help of a legal practitioner is almost impossible.

Experts agree that DIY is not suitable for every case. One should consider if the circumstances are favourable enough to go for it. Both the partners should be in complete agreement on all the issues before opting for DIY.

The Final Word

DIY requires a good amount of knowledge and understanding of the procedure of divorce. If one has ample time to educating herself or himself on the financial and legal issues involved in a divorce, DIY is worth opting for. Moreover, the divorce should be pretty straightforward without any legal and financial complications where both the parties agree on all issues. If not, it is always advisable to hire a legal counsel despite the huge legal fees, so that you can live your life happily without any hassles after your divorce.

About the Author

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

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