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Benefits of Hiring a Lawyer for Your Divorce
DIY divorce kits are becoming more common with couples who are choosing to end their divorce. Designed for couples without children or complex property ownership who want an uncontested divorce, these kits found online and in bookstores promise a quick, speedy dissolution of marriage.
Are they the quick, simple path they claim to be or are they doing more harm than good? Our divorce attorney in Greenville, NC is outlining the key reasons to hire a lawyer to help you file for divorce.
These DIY divorce papers mean you have to do everything yourself, from downloading or ordering the forms, filling them out, and finding which court to file in to tracking down a notary to witness the signature and drafting a settlement agreement. Getting a divorce is stressful and painful, and this can simply add to the struggle you’re already going through.
By working with a divorce attorney to assist with a simple, uncontested divorce, they can draw up the needed papers and file them on your behalf. All you and your spouse need to do is provide any necessary information, sign the paperwork, and pay any fees, and your attorney can take care of the rest.
Even if there is little to no marital property and both parties agree on “who gets what,” having an attorney draft your agreement prevents any mistakes. If you’re writing your own settlement agreement, it may not be clearly defined or even legal within your state’s divorce laws. This means that the settlement may end up being something neither party intended, but trying to make adjustments or amend the settlement after the divorce is finalized is almost impossible.
Again, a divorce lawyer in your area knows how to draft settlement agreements, and if both parties have outlined what they want to take from the marriage, the attorney can make sure these specifics are included in the agreement. More importantly, they will know what is legal, how to draft the agreement to avoid confusing language, and make sure it will be approved in the divorce finalization.
Divorce law is complicated and the path to a divorce is stressful. The combination of these two factors means that one or both parties may not be acting in their own best interests and not protecting their future. Instead of just signing the paperwork moving on, a divorce lawyer can inform you of your rights, what you’re entitled to under your state law, and how to create a mutually beneficial settlement, rather than one that favors your spouse.
For example, in cases where one party has a pension, stock account, or retirement benefits, and those were built upon during the marriage, that is considered marital property. In most states, marital property must be divided equitably, factoring in issues such as whether one spouse was a homemaker, is disabled, or has factors that affect their ability to live independently following divorce.
A divorce attorney is able to walk you through your rights and help you avoid making rash decisions out of emotion or the desire to move on quickly. This puts you in a better position to move forward with a secure future.
DIY divorces promise a fast, inexpensive resolution, compared to working with a divorce lawyer, but they aren’t factoring in if mistakes are made with how the paperwork is filled out or filed. Even if both parties want the most basic, uncontested divorce, mistakes can be expensive and can add months to finalizing the divorce.
A divorce lawyer can draw up accurate paperwork and file it on their clients’ behalf. Not only will it be just as quick in most cases, you’ll have the peace of mind that it’s done correctly.
We have a variety of articles and resources to help explain the divorce process and avoid making mistakes that could harm you later.