Divorce Without a Lawyer? Here’s What Can Go Wrong

What Can Go Wrong in a Divorce Without a Lawyer?

Like most veteran divorce lawyers, I’ve seen many people try to handle a divorce without a lawyer – often to their own detriment. The excuses I frequently hear are:

1. I’m too busy;
2. We have only been married for just a short time;
3. My spouse will treat me fairly;
4. I don’t need to spend money for a lawyer
5. I am too depressed to deal with it, and if I ignore it, I can fight it later if necessary; or
6. My spouse will get everything anyway since I have been a lousy spouse.

Truthfully, all of these “excuses” are poor ones. Scheduling an appointment with an experienced divorce lawyer is not an expensive pro-active investment. Some lawyers even offer a free initial conference.

What will happen if you simply ignore the divorce filing?

1. The case will be set for a non-contested default hearing;
2. Your spouse (and his/her divorce lawyer) will submit a Final Decree of Divorce for the Court’s approval;
3. There will be little or no inquiry by the Judge if the facts are correct or the orders are fair or equitable;
4. No one will protect or even really consider or care about your rights or interests. (The thinking – you had your chance to protect them and chose not to);
5. You will most likely divorce based upon the unchallenged testimony of your spouse and the proposed Decree will be approved; and
6. Your remedies to challenge the final Divorce Decree after filed are narrow and very expensive to pursue regardless of the equity of the ruling.

It is important to understand that marital misconduct or fault have virtually nothing to do with property division or support. Marital debts and property are generally split 50/50. Often mandatory financial disclosure affidavits are inaccurately completed. So, if the Judge even reviews it your spouse’s affidavit setting forth the assets/debts of the marriage, it likely won’t show assets you should be entitled to receive. Don’t let the old Jerry Reed lyric, “she got the gold mine and I got the shaft” apply to your divorce!

Avoid “Getting the Shaft”, Talk To An Experienced Divorce Lawyer!

1. Schedule an appointment with an experienced divorce lawyer (and keep it);
2. Bring the divorce paperwork you received to the conference;
3. Make a list of your debts and credit card balances, your income and your spouse’s income over the last few years and rough balance of all investment or bank accounts;
4. Write down a list of your questions;
5. Inquire of the lawyer, “What will likely happen to me if I don’t hire a lawyer?”

Exceptions: When Divorce Without a Lawyer Might Be Okay

While most people should avoid handling a divorce without a lawyer, there are rare exceptions. Speak with an attorney to find out if your case qualifies as one of the few where legal representation might not be required. Investing a few hundred dollars at the front end can end up saving you literally thousands if you wait it out on the sidelines. No two divorce cases are exactly the same. Protect your rights by at least being proactive to call and schedule an initial conference with an experienced divorce lawyer and prepare for it as mentioned above.

MuesLaw Provides Experienced, Trusted and Professional Advice if You Are Considering Ending Your Marriage.

Before attempting a divorce without a lawyer, consult with the experienced attorneys at MuesLaw to avoid costly mistakes. MuesLaw can assist you with your divorce or dissolution related issues. To learn more, please go to our website at www.MuesLaw.com or call us at 937 293-2141. Be sure to read more on our website about the collaborative divorce process. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!

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