You and your spouse may be considering or even already in the midst of a divorce. Your spouse thinks you two can sit down together and work out a deal yourselves, a/k/a, “kitchen table” negotiation. Is this a smart move? There are numerous pros AND cons to doing a kitchen table deal. Here are some things to consider:
Money: You will certainly save money on attorney fees if you can work out a deal between yourselves. However, you may not know everything you would need to include in your agreement to cover your unique family and household circumstances. While some of the do-it-yourself legal forms may work for some people, sometimes parties realize too late that their quick and easy agreement did not include language about tax deductions or a rental home. When that occurs, an attorney is necessary to help fix things. Also, sometimes an agreement can be missing key terms or language that a court may require. Without that, your agreement will be rejected. A better idea is to consult with an attorney about what is necessary to include in your agreement, and have that attorney draft your settlement documents, so you know they will be right the first time. You can also take your agreement to an attorney BEFORE you sign and file with the Court to make sure you know what you’re signing, and to help you avoid having to fix your agreement later. You may also want to consider working with a mediator without attorneys present. The mediator will work together with you both to create an agreement that works for both spouses. Bottom line, you may save money by doing a DIY divorce, but you may pay for it later if you’re not careful. Better to consult with an attorney somewhere in the process before your paperwork is filed to ensure it creates the result you want and intended.
Legal Stuff: Unless you are a divorce lawyer, you don’t know what you don’t know. And if you ARE a divorce lawyer, you probably should get a more objective view of your situation. While there are legal forms available online for a DIY divorce, they cannot possibly include language that will include all possible situations that may be necessary to include in your agreement. Consult with a family law attorney who can ask more questions to help create an agreement that – especially if you have children – works for you not only now, but also into the future. Hopefully, your agreement can help guide you as your children grow and mature, but if you have a 2-year-old, you may not be thinking about driver’s ed and sleepaway camp. Talk with an attorney who can at least help you create a list of what you want to include, while you and your spouse are on the same page.
Time: Yes, you will likely spend less time working out your agreement if you do it yourself without attorneys. But, the possibility of not including important issues and having to fix it later – at a greater cost to you – greatly outweighs the time you will save. Regardless, you will have to wait 60 days after the date of filing of your petition for dissolution of marriage to file your agreement. You can absolutely still have time to work out your agreement AND meet with an attorney and complete your paperwork within that timeframe.
We think you’d rather get it right the first time, even if you and your spouse want to work things out by yourselves. Contact Wanzer Edwards if you’d like to meet with one of our skilled attorneys anytime during your negotiations, or if you’d like to schedule a mediation without attorneys to complete your agreement.
