What You Need to Know Before You Try a DIY Divorce in Pennsylvania

If you are getting ready for a divorce and hoping to keep your costs down, you might think about trying a do-it-yourself (DIY) divorce. You can find a lot of information about the divorce process online, and companies even sell “DIY divorce kits” while advertising that “You don’t need a lawyer.”

So, can (and should) you try a DIY divorce in Pennsylvania?

While this might seem like the most cost-effective way to bring your marriage to an end, the reality is that trying to handle the divorce process on your own can prove very costly. There are lots of complexities involved, and overlooking important issues can lead to problems (and costs) in the future.

7 Important Facts About a DIY Divorce

As a result, hiring an experienced divorce lawyer who can help you navigate the process efficiently while making sure that you do not leave important issues unresolved will be the most cost-effective option in most cases. Here are seven more important facts to know about seeking a DIY divorce in Pennsylvania:

1. The Outcome of Your Divorce is Final

When you go through a divorce in Pennsylvania, the process ends with the court issuing a divorce decree. This is a formal court order that not only brings your marriage to an end, but also finalizes the terms of your divorce.

Everything that you and your spouse have agreed to during the process will become binding; and, if you change your mind or realize that reality does not match with your expectations, you can’t simply ignore your divorce decree and make changes. At this stage, changing any of the formal terms of your divorce will require seeking the court’s approval for a formal modification.

2. Finalizing Your Divorce Requires Court Approval

Obtaining a final divorce decree does not simply involve getting a rubber stamp from a judge. The judge must approve the terms of your divorce; and, while divorcing spouses have a good amount of flexibility in Pennsylvania, there are still several specific rules, requirements, and restrictions that apply.

3. You Must Accurately Complete and File Several Court Forms

Going through a divorce in Pennsylvania typically involves filing a variety of different forms with the court (and you must choose the correct court at the beginning of the process). You and your spouse must accurately complete all necessary forms—as errors and oversights can get in the way of finalizing your divorce.

4. You and Your Spouse Must Reach Complete Agreement on All of the Issues Involved in Your Divorce

During the divorce process, you and your spouse will need to reach a complete agreement on all of the issues involved (unless you cannot agree and need a judge to make decisions for you). This includes reaching a complete agreement on issues such as:

• Dividing your marital property
• Dividing your marital debts
• Alimony
• Child support
• Parenting time (child custody)

All of these issues are governed by Pennsylvania law; and, again, while the law gives divorcing spouses flexibility regarding certain issues, there are specific requirements you need to meet in order to comply with the law. If you and your spouse cannot come to terms in compliance with Pennsylvania law, you won’t be able to complete the divorce process on your own.  

5. If You Overlook Issues (Which is Common), it Will Be More Difficult and More Costly to Address Them in the Future

Of course, reaching a complete agreement on all of the issues involved in your divorce starts with identifying the issues you need to address. Overlooking issues is common—and it can prove very costly in the long term. Some examples of commonly overlooked issues include:

• Identifying “separate” assets that are not subject to equitable distribution
• Dealing with photo albums, children’s artwork, and other items with sentimental value
• Dealing with retirement accounts, mortgages, and other assets and debts that involve additional legal requirements
• Addressing supplemental income sources (i.e., “gig” work or investment income) when calculating child support and child custody
• Addressing special circumstances (i.e., vacations, holidays, birthdays and afterschool activities) when developing a parenting plan

Again, these are just examples. If you aren’t aware of all of the issues you need to address, you won’t be able to complete your DIY divorce successfully.

6. Pennsylvania’s Divorce Laws are Complicated

We’ve touched on this already, but it is worth addressing on its own: Pennsylvania’s divorce laws are complicated. There is a reason why there are lawyers who focus their practice specifically on representing clients in divorces and related family-law matters. If you don’t know how the law applies to your specific circumstances, this can lead to costly mistakes as well.

7. Making Assumptions or Ignoring Issues You Don’t Know How to Address is Not an Option

If you and your spouse encounter any issues that you don’t know how to address during your divorce, making assumptions (or simply ignoring them) is not an option. You need to be confident that you are making informed decisions with your long-term best interests. Making assumptions can lead to costly mistakes, and ignoring issues only means that you will need to address them in the future—when it may be more costly and more difficult.

Hiring a divorce lawyer isn’t as expensive (or, at least, doesn’t have to be as expensive) as many think. As a result, in the long term, hiring an experienced divorce lawyer to guide you through the process could be the most cost-effective option.

Schedule a Free, No-Obligation Consultation with Stroudsburg Divorce Lawyer Gary J. Saylor, II

Would you like to know more about what is involved in getting a divorce in Pennsylvania? If so, we invite you to get in touch. To schedule a free, no-obligation consultation with Stroudsburg divorce lawyer Gary J. Saylor, II, give us a call at 570-421-5568 or tell us how we can reach you online today.