If you are focused on saving money during the divorce process, does this mean that you should pursue a DIY divorce? While pursuing a DIY divorce might seem like the cheapest option, this often isn’t the case. While a DIY divorce might save you money in the short term, the risk of making mistakes that lead to additional costs (not to mention additional stress) in the future is a very real concern.
7 Risks Involved with Pursuing a DIY Divorce in Arizona
What are the risks involved with pursuing a DIY divorce in Arizona? Here are seven examples of risks (among many more) that can make a DIY divorce very costly:
1. Overlooking Marital Assets (or Debts) that Need to Be Divided
Under Arizona law, spouses must divide their marital assets during the divorce process (unless they have a prenuptial agreement that says otherwise). The term “marital” here is important, because spouses’ “separate” assets are not subject to division.
Overlooking marital assets (or marital debts—which are also subject to division) can lead to complicated problems down the line. If you and your spouse fail to address a marital asset (or marital debt) during your DIY divorce, you will need to find a way to address it in the future. Whether this comes up months, years, or decades after your divorce, this will almost certainly be more difficult (and more costly) than it would have been during the divorce process.
2. Improperly Valuing Marital Assets During Your Divorce
Arizona law requires divorcing spouses to divide their marital assets equally in most cases. This means that divorcing spouses must place a value on all of their marital assets—from homes and vehicles to pets and items that hold sentimental value only. If you agree to an unequal distribution of your marital assets during your divorce, this can be a very difficult (and potentially very costly) issue to address after your divorce is over.
3. Failing to Give Due Consideration to Relevant “Best Interests” Factors
Couples that have minor children from their marriage must develop a parenting time plan during the divorce process. This involves applying Arizona’s statutory “best interests” factors. If divorcing parents fail to give due consideration to relevant “best interests” factors (all of which can carry more or less weight in different circumstances), this can potentially result in the court refusing to approve their plan.
4. Failing to Consider Special Circumstances When Developing Your Parenting Time Plan
Another common issue during the DIY divorce process for couples that have minor children is failing to consider special circumstances when developing their parenting time plan. If you and your spouse don’t plan for holidays, birthdays, vacations, afterschool activities, or other special circumstances (or address issues like emergency medical care, cell phones and social media use), you will need to adhere to your standard parenting time schedule—or else seek approval to modify your parenting time plan in court.
5. Overlooking Income or Expenses When Calculating Child Support or Alimony
Overlooking income or expenses when calculating child support or alimony can lead to costly post-divorce issues as well. If you agree to pay too much (or accept too little), this could lead to unnecessary financial strain after your divorce—and, here too, seeking to address these issues post-divorce will generally involve going back to court. While the procedures for calculating child support and alimony are very different, they both start with ensuring that you have a clear and comprehensive understanding of your (and your spouse’s) present financial circumstances.
6. Running Into Issues that You and Your Spouse Don’t Know How to Resolve
The divorce process is complicated. As a result, even if you and your spouse are mostly on the same page, there is still a very good chance that you will run into issues that you don’t know how to resolve. In this situation, you cannot simply make assumptions. Instead, you need to ensure that you are making informed decisions—and this will generally involve seeking advice from a divorce lawyer.
7. Leaving Important Issues Unresolved
Just as you cannot make assumptions about how to resolve issues during your divorce, you also cannot leave important issues unresolved. Whether related to your property, your finances, or your children, these issues will almost certainly resurface in the future; and, when they do, addressing them will almost certainly be far more costly than it would have been during the divorce process.
Two Cost-Effective Alternatives to a DIY Divorce
With these risks in mind, what are your options if you—like most people—need to keep your costs down during the divorce process? Here are two cost-effective alternatives to a DIY divorce:
- Working with a Divorce Lawyer Who Can Help You Navigate the Process (and Avoid Miscues Along the Way) – Contrary to popular belief, hiring a divorce lawyer doesn’t have to be expensive. If you hire a lawyer to help you avoid overlooking issues, carefully consider your options, and make informed decisions, you can feel confident knowing that you have successfully navigated the divorce process without leaving yourself exposed to unanticipated issues (and costs) in the future.
- Pursuing Flat-Fee Divorce Mediation with Your Spouse (If You Are Mostly on the Same Page) – Flat-fee divorce mediation can be a very cost-effective option for spouses who are willing to work together to bring their marriage to an end. While there are no guarantees, when divorcing spouses are willing to work together with the help of an experienced mediator, they will typically be able to reach an agreement that allows them both to move forward with confidence.
Discuss Your Options with Phoenix Divorce Attorney Adam Weingart for Free
Do you have questions about how to cost-effectively navigate the divorce process in Arizona? If so, we strongly encourage you to contact us for more information before pursuing a DIY divorce. To discuss your options with Phoenix divorce attorney Adam Weingart in confidence, give us a call at 480-550-8947 or request a free consultation online today.