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 since 1994. His practice focuses exclusivley on divorce and family law cases. You can find out more about Mr. Morgan on his website, http://www.houstondivorce.com.

More Resources

Unable to open RSS Feed $XMLfilename with error HTTP ERROR: 404, exiting

More Divorce Information:

Related Articles

Dating Tips for Divorced and Widowed Moms
Dating is tough for just about everybody, but it's even tougher for people who are divorced and widowed. Along with the fears of being "out of practice," there are often children's feelings to consider.
Divorce: Coping With The Family Law Process
The EmotionsDivorce is a scary, lonely and misunderstood process for most people, particularly when there are children involved. The mutual friends enjoyed during the marriage may not be of help because those individuals may not want to "pick a side.
Does Living In A Loveless Marriage Necessarily Mean That You Should Get A Divorce?
Being in a loveless marriage is a frustrating predicament, but it may not necessarily mean that a divorce is eminent. Solving the quandary of a loveless marriage requires self-reflection to assess the situation, courage to try to create a team effort for the best decision with your spouse, and gumption to face the reality that a divorce may be the best solution for the loveless marriage.
Divorce--How the Legal System Works Against You
If there were no legal system, no lawyers and no courts, divorce would still be difficult and it would still take time to go through it. Divorce is at least a major crossroad in your life, maybe even a full-blown life crisis.
Divorce and Separation - A Child's Perspective
It is always the children that suffer the most when a marriage breaks down and separation or divorce is imminent. Children of divorcing parents often witness arguments even rows and this has a strong effect on any child.
Divorce -Is It Lawful?
The question of divorce and its lawfulness is of long standing. The law-makers of our day have tried to answer the question.
Why Standard Visitation Should NOT Be Standard
When a nuclear family separates, it usually separates into a "custodial" family and a "non-custodial" family. The custodial family is the parent with whom the children reside on a day-to-day basis.
How Women Should Protect Themselves Financially Regarding Divorce
Women who believe a divorce is a possibility or who think that their husband will be asking about getting a divorce at some point should put their emotions aside and plan "just in case" their intuition is correct that a divorce may be coming in the near future. If women who believe that the "divorce discussion" may be lurking, they should make it a point to look for solid signs that their husband will indeed ask for a divorce.
Divorce--Getting Legal Help Without Paying Exorbitant Attorneys Fees
Ignorance is the most common trap in the business of divorce, so becoming informed is crucial. However, friends, relatives and "common knowledge" are the worst and most expensive sources of advice.
How Can Collaborative Law Be Beneficial In Your Texas Divorce?
Collaborative law is based on the realization that the commitment by the parties in a family is that it is in their best interest to avoid going to trial.This process relies on open and honest communication and cooperation between the parties and their lawyers to achieve a fair result.
Effects of Divorce on Children
When a couple decides their marriage is over, a tremendous sense of grief and relief are felt. A recently divorced person will feel grief over the loss of their marriage and the loss of their partner in life.
There Is Life After Divorce
A married woman becomes a single woman for one of two reasons: death or divorce. The former is an honourable state, the latter is not.
How to Use a Divorce Lawyer
You want three things in your divorce attorney: expertise in divorce, reliability, and a good attitude. You want a lawyer who specializes in divorce (at least 50% of his/her case load), and unless you're expecting a no-holds-barred battle, you want a lawyer trained in divorce mediation who practices it professionally.
Guide To Reducing The Cost Of Divorce
Seven Tips to help you keep more of your money at a time when you especially need it to support two households instead of one.Educate yourself.
What Are You Waiting For?
So, you've decided that you're no longer "a couple", but for whatever reason, you and your spouse have decided to stay together "for the sake of the children".Isn't that what the children need? Don't they need the strength of a two parent household in this mad society that we live in? Don't they need the emotional assurance that Mom AND Dad are together? Don't they? Or do they?When my ex and I decided to divorce, we decided that he should probably live in the house with the children and I, for their sakes.
Divorce Articles: How To Get The Most From A Divorce Article
There are many types of divorce articles available on the Internet by a variety of authors. What's below will help you get the most out of the divorce articles here on this site and anywhere else.
9 Steps to Regaining Self-Esteem After Divorce
Divorce is difficult at the 'best' of times. Even when a couple makes a combined decision to divorce, it can be extremely trying.
Divorce--Overcoming the Obstacles to Agreement: Ten Steps
You're going to want to be working on your divorce agreement outside the legal system, because the things you can do to help yourself outside the legal system are far more effective than anything a lawyer can do for you.But please don't just walk up to your spouse and start negotiating.
Grieving the End of Your Marriage, as You Know it
The pain of finding out that your partner is cheating on you can be the worst pain you'll feel in your entire life. What is happening to you, you may wonder.
Divorce
The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful.