By
Scott Morgan
Hire Divorce Lawyer or Use Online Divorce Forms?
When do you need to hire a family law attorney and when is it
okay to just use an online divorce form website to save a little
money? This article will provide a few pointers to help you decide
whether to do it yourself or retain a divorce lawyer.
What Does it Mean to Use an Online Divorce Form
Website?
Essentially, using an online form website in your
divorce case means that you will represent yourself and act as
your own lawyer. All of the online divorce form sites have disclaimers
making it clear that they are not your lawyer and are just preparing
documents on your behalf. While it is your constitutional right
to act as your own lawyer, there are some significant risks involved
that should be evaluated before you take the online route.
Additionally, you have to evaluate the particular
website you are dealing with. Most are national sites that offer
forms that they claim will work in any state. However, every 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 are basically getting 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
(conservatorship, support, visitation, etc.), it is very risky
to use these generic forms when you have children. You must remember
that your divorce forms are being prepared using online software
that simply fills in the blanks with your answers to very simplistic
yes/no or multiple choice questions. These answers may not necessarily
fit 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 your situation and
find out exactly what your documents need to say, instead of just
the boilerplate language that the divorce website's software spits
out. If you have children, you should take the safe
route and hire an experienced divorce lawyer.
What if You Own Property?
Many of the divorce form sites also claim to offer
forms that will deal with the most complex of property divisions.
But when it comes to dividing any property beyond personal effects
(clothes, furniture, etc.), it is risky to rely solely on generic
divorce forms. If you or your spouse own real estate, vehicles,
401k accounts or other retirement accounts, or have any other
financial assets or liabilities, an online divorce form will not
necessarily protect your interests.
A competent divorce lawyer would be able to, first,
analyze your situation and determine what property division is
in your best interest, and second, ensure that all the assets
awarded to you were properly transferred and the titles correctly
recorded on your behalf.
Conclusion
Using an online divorce form always carries a
certain amount of risk. If there are no children from the marriage
and no property to divide, then saving a few hundred dollars may
be worth the risk and the 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 their
case.
About the Author : Scott Morgan has been a Houston divorce lawyer
for over ten years. His practice focuses exclusivley on divorce
and family law cases. You can find out more about Mr. Morgan on
his website, www.houstondivorce.com.com.
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