I’ve worked with countless individuals who are either on the brink of divorce or already in the midst of the process, and I know how tempting a do-it-yourself divorce can seem at first glance. The promise of cutting down on costs, avoiding drawn-out legal negotiations, and taking control of your own destiny has a certain appeal. However, I want to share my personal perspective on why it’s so important to think this decision through. Divorce isn’t just a paper to be signed—it’s one of those life-altering events that can affect your relationships, your finances, and your future well-being in ways you might not realize until years down the road.
When I speak with people who are considering a DIY divorce, I often compare it to trying to fix a car engine without consulting a mechanic. Sure, if you’re handy or you’ve had experience with engines, maybe you can get the job done. But if you have only a rough idea of where each part goes, you risk doing more damage than good. In much the same way, if your divorce is truly straightforward—with no children, few shared assets, and minimal financial complications—then you might be able to make do with Georgia’s county-provided forms. Still, you have to be sure you’re fully informed about what exactly you’re agreeing to.
From my vantage point, one of the biggest advantages of at least consulting with an attorney is peace of mind. I’ve seen plenty of cases where individuals felt comfortable using free forms but later realized they had overlooked something important. Sometimes, it might be an issue involving the division of debt—like credit cards or a jointly financed car—or it might be something related to retirement accounts. I’ve even seen scenarios where both parties honestly believed they had hammered out a fair, reasonable agreement, only to discover that the agreement wasn’t enforceable because it lacked certain key terms required by Georgia law.
Why a DIY Divorce Appeals to Many People
I understand the money angle because legal fees can be a burden for individuals and families who are already under stress. It can be especially appealing to think, “I can save thousands of dollars if I just fill out these forms myself.” This is a legitimate concern and should be considered carefully. If your situation is uncomplicated, that route might very well work out fine. The trouble begins when there are hidden complexities—things like previous loans, investment portfolios, tax obligations, or pending lawsuits that you might not even be aware of. The moment you have to backtrack to fix a mistake, the costs can skyrocket. Additionally, you also have to consider the emotional toll. I know the last thing most people want is to relive the emotions of a broken relationship by returning to court again and again.
Mistakes When Filing a DIY Divorce and The Consequences
The mistakes I’ve seen in DIY divorces often fall into a few key categories:
- Overlooking Critical Details: This can happen in the property settlement agreement or when dividing assets. A typical example is forgetting to address how joint debts will be handled if one spouse later files for bankruptcy or simply stops paying. If an important term isn’t spelled out, you might end up responsible for debts you thought you were off the hook for.
- Misunderstanding the Law: Let’s face it, even lawyers need to stay on top of changing legislation and new court rulings. As an attorney, I devote time each week to staying updated on legal changes, because the law is rarely static. If you’re relying on outdated resources or incomplete information, you could make a decision that seems right at the time but doesn’t hold water in court.
- One-Time-Only Decisions: The division of assets like homes, cars, or major financial accounts often can’t be revisited once you’ve signed on the dotted line. I’ve heard from clients who tried to go back and revise settlement terms a year or two after the divorce, only to find that the court had no interest in re-opening the financial aspects. If you lock in an arrangement that doesn’t truly serve your best interests or reflect your real intentions, you might be stuck.
Financial and Legal Realities around DIY Divorce You Can’t Ignore
Because divorce obligations are court-approved, they’re enforceable by contempt actions in Georgia. That means if you disregard a debt payment you agreed to or fail to transfer an asset as promised, the other party could take you back to court. In extreme cases, people have ended up facing jail time for not complying with their settlement orders. Another point that many people overlook is that financial obligations from a divorce are not dischargeable in bankruptcy. This means if your agreement says you’re responsible for a debt, you can’t simply file for bankruptcy and wash your hands of it later.
There’s also the issue of third-party creditors. If your settlement states that your ex-spouse is responsible for a particular loan, but your name is still on it, the creditor can legally come after you for payment if your ex-spouse fails to pay. You can include indemnification clauses in your settlement to try to protect yourself, but these clauses are often missing or too vague when people go it alone.
Why Professional Advice Matters
My goal is never to scare people away from trying a DIY divorce. Rather, I want you to go into this process with open eyes. For some, it can work—but for many, the guidance of a family law attorney provides an added layer of protection and clarity. In my own practice, I offer different levels of service because I understand not every situation is the same. Some clients come to me with extremely simple cases and only need advice on whether their agreement is legally sound. Others want more in-depth help, like coaching or a full-service approach that includes drafting and filing documents. Then there are those whose cases are too complex for any shortcut, especially if there are children, large shared assets, or contested issues of custody or support.
One of the biggest benefits I’ve seen from providing flexible payment options is that it reduces anxiety. Divorce is already emotional. Worrying about an unaffordable retainer or an unpredictable legal bill makes it worse. That’s why I like to give clients the option of paying a flat fee or using a monthly payment plan, so they know exactly what to expect. If you’re leaning toward a DIY divorce but still want a safety net, consider at least paying for a consultation to review your settlement. Think of it like paying for a home inspection before buying a house—you’re making an investment in your future security and peace of mind.
Final Thoughts
At the end of the day, a DIY divorce can save you some money in the short term, but the long-term costs, both emotional and financial, can outweigh those savings if things go wrong. My advice is to evaluate your circumstances carefully. Ask yourself if you fully understand all the legal, financial, and emotional ramifications of handling everything on your own. If you have any reservations, it’s worth at least sitting down with an experienced attorney to talk through your situation and make sure you’re covering all your bases, especially if you have children.
No matter how you handle your divorce, always remember that this is a pivotal moment in your life. It’s worth taking the time to protect your interests and understand your decisions. Trust me, in the long run, you’ll be grateful you took the extra steps to keep your future, and possibly your sanity, intact.