Five Risks of Pursuing a Do-It-Yourself Divorce

A notable number of people elect to pursue what can be called a do-it-yourself divorce in New Jersey and elsewhere around the country. There are pair of primary reasons why people elect to take the do-it-yourself divorce route:

They believe that they can save money by going the do-it-yourself route.

They believe their divorce is fairly basic and they don’t need professional legal assistance.

The reality is that there are considerable risks associated with pursuing a divorce on a do-it-yourself basis. Five of the more commonplace risks associated with pursuing a do-it-yourself divorce are:

• Failure to make proper court filings
• Failure to prepare appropriate divorce paperwork
• Limited understanding of divorce law
• Inability to undertake meaningful negotiations in regard to a possible settlement
• Inability to pursue necessary case-related investigation

A major risk that exists when going the DIY divorce route is the inability or failure to make proper court filings. New Jersey divorce law sets forth specific ways in which documents must be filed with the court. Moreover, the law establishes specific deadlines by which documents must be filed with the court. The failure to make court filings in a proper manner and within a mandated time frame can result in the dismissal of a marriage dissolution case.

On a related note, another prevalent problem among people who attempt to take the do-it-yourself divorce course is an inability or failure to prepare properly appropriate paperwork related to the proceedings. Not only are errors made in regard to filing documents, mistakes and oversights are made in the very preparation of them in the first instance. As is the case with filing errors and oversights, the failure to properly prepare divorce paperwork (technically known as pleadings) can have seriously negative consequences that include the dismissal of a marriage dissolution case.

A DIY divorce can result in problems for a party to a marriage dissolution case. The reality is that a person who is not trained as a legal professional will necessarily lack an ideal understanding of applicable New Jersey divorce law. Even a lawyer who practices in another area of the law will be disinclined to represent his or her self in a divorce case.

A considerable percentage of New Jersey divorce cases are resolved through a settlement between the parties. One of the benefits associated with retaining legal counsel in a marriage dissolution case is the fact that a skilled New Jersey divorce lawyer is adept at negotiating a settlement that is consistent with your legal rights and objectives. A layperson simply does not have the background necessary to take on divorce settlement negotiations as effectively as a seasoned attorney is able to do in a case.

Many divorce cases necessitate research and investigation in order to a party to a marriage dissolution proceeding to be able to make sound decisions. For example, if a party to a divorce case is concealing or hiding assets, demonstrating that this is occurring can require investigation and an understanding of forensics accounting. A seasoned New Jersey divorce attorney has access to resources that can include in the investigation of issues that may arise in a particular marriage dissolution case. These include professionals who work in the accounting, child welfare, and other arenas. With access to these types of professionals and associated resources, you are placed in the best position to make the strongest case in your marriage dissolution case.

If you are considering pursuing a divorce, you are wise to schedule a free initial consultation with an experienced, dedicated New Jersey divorce attorney as soon as possible. You can schedule a free initial consultation with a New Jersey divorce lawyer by calling the Law Offices of Peter Van Aulen at (201) 845-7400. We can arrange a free initial consultation and case evaluation at a time that works with your schedule.