When do you need to hire a family law attorney and when is it okay to use an online divorce forms website to save a little money? This article will provide some tips to help you decide whether to do it yourself or hire a divorce lawyer.
What does it mean to use an online divorce forms website?
Essentially, using an online forms website in your divorce case means that you will be representing yourself and acting as your own attorney. All online divorce form sites have disclaimers that make it clear that they are not your attorney and are only preparing documents on your behalf. While it is your constitutional right to act as your own attorney, there are some important risks that need to be considered before taking the online route.
Also, you should evaluate the particular website you are dealing with. Most are national sites that offer forms that claim they will work in any state. However, each state has different laws. In other words, a California Divorce Decree will not be identical to a Texas Divorce Decree because the laws of the two states are not identical. So with an online divorce, you basically get a generic form that may or may not work in your jurisdiction.
What if you have children?
While many of the divorce form sites claim to offer forms that address the necessary provisions regarding children (guardianship, support, visitation, etc.), it is very risky to use these generic forms when you have children. You should remember that your divorce forms are prepared using online software that simply fills in the blanks with your answers to very simple yes/no or multiple choice questions. These answers may not necessarily apply to your situation or you may not fully understand the question.
This is where a competent lawyer can make a big difference. A lawyer will learn more about her situation and find out exactly what her documents should say, instead of the boilerplate language that divorce website software spits out. If you have children, you should take the safe route and hire an experienced divorce attorney.
What if you own the property?
Many of the divorce form sites also claim to offer forms that will deal with the more complex property divisions. But when it comes to dividing up any property beyond personal effects (clothing, furniture, etc.), it’s risky to rely solely on generic divorce forms. If you or your spouse own real estate, cars, 401k or other retirement accounts, or have other financial assets or liabilities, an online divorce form will not necessarily protect your interests.
A competent divorce lawyer could, first, analyze your situation and determine which property division is best for you, and second, ensure that all property awarded to you was properly transferred and title was properly recorded. in her name.
Conclution
Using an online divorce form always carries a certain amount of risk. If there are no children of the marriage and no property to divide, then saving a few hundred dollars may be worth the risk and extra work you will have to do. But for most people, especially those with children or property, it is essential to hire an experienced divorce lawyer to handle your case.
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