It’s not uncommon for couples who are divorcing on good terms, to skip getting an attorney and get a DIY divorce instead. However, it’s worth considering that there are a number of easily preventable problems that can, and do, arise from divorces obtained without legal representation.
Having straightforward custody agreements when you enter into divorce proceedings, or having relatively simple financial settlements that don’t appear to need any outside assistance in dividing, doesn’t insulate you from future problems. In some cases, these problems can lead to later court hearings for some, or even all, of your divorce-related concerns.
Full Disclosure Failures
If a divorcing couple doesn’t exchange complete financial disclosures during a divorce, or if one of them fails to include all of the appropriate waivers of financial disclosure, the court can decide to vacate a divorce judgment and any marital settlement agreement.
An attorney who practices family law is familiar with exactly what documentation needs to be filed, which financial disclosures and waivers to include, and who all of this information needs to be submitted to. Having an attorney take care of the paperwork could ultimately save you money (and definitely a headache) in the long run.
Future Support Concerns
Many divorce agreements award spousal or child support to one of the partners. However, the court requires that all divorce settlements contain a spousal support waiver. So if neither party intends to receive alimony or child support, or only one person plans to receive it, but the correct spousal support waiver is not filed? Well, there could be trouble in the future.
Even if a party is not awarded spousal support in the initial agreement, failure to include the waiver allows for that party to later request the Court to award support. And they may very well get it. As you see, there is a lot to consider when filing for divorce in Michigan, and even the smallest form overlooked or incorrectly filed, can open up possible sinkholes for you later on.
Join us next time when we will be wrapping up this quick breakdown of some of the more common issues that come up for divorcing couples who choose to skip out on having an attorney. If however, you want to go about tit the smart way and have skilled legal representation during your divorce, call our experienced family law attorneys right now at 517 866 1000. We are here to help you.