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Why DIY Divorces Are Often a Bad Idea

Posted on in Divorce

Dallas, TX divorce lawyerOver the past several years, there have been a number of online companies that have popped up, touting the idea of do-it-yourself (DIY) divorces. You can purchase all of the legal form templates from the company, fill them out, and mail them to the court that oversees family law cases in the county you live in. While this may seem like an easy, attractive, and inexpensive idea, the reality of divorce is often anything but simple. Even the friendliest of divorces can suddenly turn acrimonious when issues of child custody or divorce finances need to be addressed.

One of the significant dangers of a DIY divorce is the absence of professional legal advice. An attorney can provide invaluable guidance, explaining your rights and responsibilities, helping you understand the potential consequences of your decisions, and offering strategies to achieve the best outcome for your specific circumstances. The following are some of the reasons why a DIY may not be a good idea for your situation.

Legal Complexity

As mentioned above, divorce involves numerous legal intricacies. In addition to child custody, there are also often issues of division of assets, child support,  and spousal support. Navigating the legal system without proper knowledge and expertise can lead to costly mistakes and oversights that may have long-term consequences on your and your children’s personal and financial future.

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Dallas, TX grey divorce attorneyGoing through a divorce at any age can be emotionally and financially challenging, but older couples face unique complexities and obstacles as they dissolve their marriage. This is often referred to as a “gray divorce” – one that involves couples who are 50 years of age or older. As the couple navigates the emotional, financial, and legal aspects of divorce, they will likely encounter one or more of the following challenges. Since couples between the ages of 50 to 64 currently have the highest rate of divorce in the U.S., it is important to be aware of all potential challenges before filing.

Financial Uncertainty

The financial impact of divorce can affect anyone, but is often a primary concern for couples involved in a gray divorce, especially if the couple has been married for many years. They may have spent decades together, building retirement savings, investments, properties, and other joint assets. The division of the marital estate – and the distribution of these assets – can be complex, especially when addressing pensions and retirement funds.

Gray divorce can have a serious impact on retirement plans and may require reevaluating those plans, adjusting expectations, and setting new goals.

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Dallas Divorce AttorneyTemporary orders in divorce proceedings are legal directives issued by the court to address important matters that need immediate attention while the divorce case is ongoing. The purpose of temporary court orders is to establish temporary guidelines and arrangements for various aspects of the divorce, such as child custody, visitation, child support, spousal support, property use, and debt allocation. These orders help ensure stability and address immediate needs until a final divorce settlement or judgment is reached. The following is a brief overview of temporary orders in a divorce. Call Clark Law Group for more detailed information about your particular case.

Requesting Temporary Orders

Temporary orders provide interim solutions for critical issues that cannot wait until the completion of the divorce process. They help maintain the status quo and establish a framework for co-parenting, financial support, and asset allocation during the divorce proceedings.

Either party involved in the divorce can request temporary orders. Typically, a formal motion or petition is filed with the court, outlining the specific issues to be addressed and providing supporting evidence or documentation. It is crucial to work with an experienced divorce attorney to prepare a persuasive motion and present a strong case for the requested temporary orders.

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Texas Divorce LawyerAlthough every divorce can have complicated issues, high asset divorces are especially complex due to the financial assets and decisions about those assets that are required to end the marriage. This is why it is recommended that anyone going through this type of legal action retains the services of an attorney who has extensive experience in high net worth divorces.

The following are issues that may need to be addressed in your high asset divorce. For more detailed information about your particular circumstances, call Clark Law Group.

Property Division

Property division becomes more complex in high asset divorces. Texas follows community property laws, which generally means that marital property is divided equally between spouses. However, determining what qualifies as marital property, separate property, and the value of assets can be intricate. High-value assets such as real estate, investments, businesses, retirement accounts, and valuable possessions require careful evaluation and expert valuation to ensure an equitable distribution.

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dallas divorce lawyerIn the celebrated drama “The West Wing,” President Bartlet muses that he does not “like the word "stress." It's a Madison Avenue word. It's something that can be cured with flavored coffee and bath bubbles.” Like the word “stress” the word “self-care” is far too often associated with commercialization and the perception that someone’s challenges can be addressed effectively if they only take 10 minutes each day to meditate using a specific app or they treat themselves to that new sweater that they have been eyeing. Yet, genuine self-care should remain a critically important focus, especially during times of peak stress, including the loss of a job, the loss of a loved one, and when filing for divorce.

If you are filing for divorce, you do not need to engage in manufactured, Instagram-ready approaches to self-care. Your time and energy are far too valuable for that. But, you do want to take good care of your mind, body, and spirit at this time. If you do not, the stresses that you are both being exposed to and are absorbing could sap your resilience, lead to clouded judgment when making decisions about your divorce process, and leave you less ready to tackle the challenges ahead of you.

How to Integrate Self-Care into Your Approach 

Genuine self-care consists of efforts undertaken for your benefit, not to prove anything to anyone else. As a result, you will want to set some personal goals for yourself that will allow you to take good care of your body, mind, and spirit during this period of profound transition. Whether you commit to healthy eating, getting adequate sleep, hitting movement-based goals, seeking quiet time to reflect, and/or seeking out community support, focus on whatever it is that you need and how to integrate those efforts into your life in ways that will not cause additional stress.

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