When you picture going through a divorce, you may envision you and your spouse each retaining your own attorney and passing much of the responsibility over to these legal professionals. But you may wonder: Can you negotiate your divorce yourself?
Negotiating the division of assets without a legal professional might make sense in certain cases. However, we highly recommend that you have an attorney review your final agreements. And, if you have any reason to head to court, a Bucks County divorce attorney should be by your side. You want to protect your rights, and with self-representation, you might risk overlooking important legal considerations that could have financial implications.
Benefits of Negotiating Your Divorce Yourself
For divorcing couples wanting to save money, it can be helpful to make preliminary agreements.
This may save you a significant amount of time, especially if you and your spouse can reach a consensus fairly quickly.
- It gives you and your spouse full control over certain outcomes in your divorce case without involving outside parties.
- It saves you money on attorney’s fees.
If you and your spouse are filing for an uncontested divorce, meaning you agree on all matters in the divorce case, you might be able to navigate the process without an attorney.
However, we also caution you to really think through what you are agreeing to. The plan your spouse presents to you might seem equal and fair, but if your spouse had help with it, there may be an imbalance of knowledge or power.
Potential Downsides of Negotiating Your Own Divorce
Sometimes, a pro se divorce, a divorce in which you represent yourself, could prevent you from achieving a favorable outcome. It could also lead you to overlook potential issues that might cause negative financial consequences.
For example, perhaps your spouse agrees to give you the family home, but she is going to keep her entire retirement savings, including pension benefits.
While you may be thrilled with the idea of keeping the home, you would walk away with an asset that requires maintenance, and you would have to ensure you can refinance the mortgage in your name. These details are critical to unpack before you sign on the dotted line.
Your spouse may also ask that you split any debt, including car loans, student loans, and credit cards. However, we want to make sure that the debt is assigned to the spouse who will hold the asset.
How a Divorce Attorney Can Assist
Attempting to work through ALL of the agreements on your own may only lead to further tensions and consume more time during your divorce process. With the help of a legal professional, you can use tools like divorce mediation to reach decisions on key issues.
Your attorney can also find problems in your divorce settlement agreement before you file it. For example, how are you dividing assets? Which party will claim the children as dependents for tax purposes? How long will you or your spouse owe alimony?
Working with a legal professional could help clarify complex issues and streamline the divorce or legal separation process.
Seek Guidance From Karen Ann Ulmer, P.C.
Can you negotiate your divorce yourself? You can, but we don’t recommend it. Working with an experienced legal professional such as Karen Ann Ulmer, P.C., can help protect your interests, reduce stress, and lead to a better outcome. Contact us today at (866) 311-4783 for a consultation.