Just about every significant step in a divorce or separation can be covered, and often must be, in some form of written agreement. As a result, there is a whole industry dedicated to making it easier for couples to obtain standardized documents and templates – often online – so they can handle the paperwork themselves.
This process may work for some, but there are potential downsides to the do-it-yourself approach that may ultimately work against your best interests. It is best to consider what the risks are upfront so you know how to avoid them.
Online Legal Forms Aren’t Customized to Your Needs
Have you been tempted to Google “how to get a divorce,” find a divorce settlement agreement template, and fill in the blanks to avoid working with lawyers? Obtaining a form on a website where one can answer a few questions and download it or sign it online may be tempting, and you might initially save money. The problem is that to get the best results, legal documentation needs to be personalized to align with your specific needs and circumstances, not simply satisfy the minimal legal requirement.
Lawyers Address Many Different Issues
Keep in mind: filing for divorce is just the first step. As your case unfolds, you may discover you have other needs that are best addressed in writing. Potential issues couples request help with that require contractual consent extend from cohabitation agreements, if they are not planning to get married, to modifications to conditions of the divorce after the fact. Common agreements an attorney can assist you with include:
- Divorce agreement;
- Parenting agreement;
- Separation agreement;
- Prenup or postnup;
- Child custody agreement; and
- Modification agreement.
Unfamiliarity with Legal Details
Most divorces aren’t cut and dry. You don’t want to submit incorrect paperwork due to a misunderstanding of the legal requirements or a lack of legal guidance. Typically, couples in Illinois must request a hearing. If there are disagreements between you and your spouse, that can result in a judge resolving contested issues like parenting responsibilities and property division. With so much at stake, including your financial well being, it’s best to consult a professional and avoid human error as much as possible.
Asset Division Is Complicated in Illinois
Some websites that provide free services and generic documents are aimed at the most basic situations. For example, a couple that doesn’t have children, has been married a short while, mutually agrees to the divorce, and has little shared property and assets. In reality, however, these situations are rarely that simple. They require a thorough understanding of finances and might still include a discovery process that reveals assets that one party was not aware of.
A fairly complex formula must take into account:
- Financial as well as non-financial contributions to the marriage;
- How the duration of the marriage impacts the agreement;
- Potential spousal support and child support;
- Each spouse’s monetary situations; and
- Other factors, including how employable both parties are.
Agreeing to Something You Don’t Want
Somewhere between the petitions, court summons, affidavits, and statements of assets and liabilities, people can mistakenly agree to a condition that has serious ramifications on their post-divorce lifestyle. It could affect payments they owe or are owed, create future tax risks,or impact how often they see their own child.
A qualified legal expert doesn’t just tell you what to sign and when to sign it, although that level of assistance is certainly handy. They can also oversee the details and terms in each form you sign, every step of the way, and make recommendations to ensure your long-term needs are truly met.
Get Professional Help from a Top-Rated Family Lawyer in Illinois
In a no-fault divorce state like Illinois, attorneys play a vital role in overseeing and analyzing financial documentation, assisting with parental rights and responsibilities, and providing advice on the best steps to take to achieve as fair an outcome as possible.
Call the Law Office of David A. King, P.C. for a free consultation on your divorce so you can enter the next stage in your divorce on the right foot.
