Many people file for divorce themselves. I believe that several cases lend themselves to not needing an attorney as I discussed in a previous post here, however, there are issues that crop up with the do it yourself divorce. One such issue relates to property division. You might think that an Order signed by a Judge giving one person property, or giving one person a debt would be enough, but it is not.
Property
Did you know that simply having a Divorce Decree that states you were awarded a piece of property is not enough? If the property was listed in both parties names if you try to sell the property you may still need your ex’s signature on the closing papers. It completely depends on the language in your Decree.
Another issue that comes up is the mortgage on the property?. What if only one person got the mortgage but the other spouse is getting the property in the divorce? How is that spouse to find out what payments need to be made or the balance remaining? Or what is the spouse that was awarded the property fails to make the payments, how does that affect your credit?
There are, however, documents that can be prepared to resolve most of these issues in addition to the divorce decree, though most people do not realize they need additional documents.
Debts
Many people think that if their spouse is ordered to pay certain debts that they are off the hook for that debt. Unfortunately that is simply not true. In fact, in many situations one spouse will take on a certain amount of debt and immediately after the divorce is final that spouse will file for Bankruptcy. That spouse will list all of those debts in the Bankruptcy and if that spouse gets a discharge then the debts are removed from that spouse, but if you had any part in those debts you can rest assured that the creditor can come looking to you for the balance due on those debts. Depending on the wording in your divorce decree you may have remedies such as indemnification or even enforcement, but these are not often considered in do it yourself divorces.
There are many other issues that can crop up during a divorce that if the decree is not properly drafted will not protect you. So while I strongly believe that many divorces can be do it yourself divorces, I also strongly believe that you should consult with an attorney prior to finalizing the divorce to make sure that you are protected in the Final Decree of Divorce. Many attorneys, myself included, will charge a nominal consultation fee, giving you their full undivided attention and advice.