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With the rise of online legal services, handling your own divorce in Utah might seem like a smart way to save money. Filing fees are already expensive, so why add attorney fees on top of them? While a “do-it-yourself” divorce can work for a very small number of simple cases, for most people, it’s a risky gamble that can lead to devastating financial consequences down the road.
Before you decide to go it alone, it’s crucial to understand the hidden costs and long-term mistakes that can turn a “cheap divorce” into a financial nightmare. An experienced Utah divorce attorney doesn’t just fill out paperwork; they protect your financial future.
The True Cost of a “Simple” Mistake
Utah’s divorce laws, particularly those concerning property division, are complex. The state follows an “equitable distribution” model, which means marital assets and debts are divided fairly, but not necessarily 50/50. A DIY divorce can easily overlook critical financial details that a lawyer would immediately identify.
Here are a few common DIY divorce mistakes that can cost you thousands:
1. Mishandling Retirement Accounts
Dividing a 401(k), pension, or other retirement account is one of the most complex parts of a divorce. Simply agreeing to “split it” isn’t enough. These assets require a special court order called a Qualified Domestic Relations Order (QDRO). Without a properly executed QDRO, you could face massive tax penalties or, even worse, be unable to access your share of the funds at all. The cost of hiring an attorney later to fix a botched QDRO is far greater than getting it right the first time.
2. Overlooking Hidden Assets or Debts
Are you certain you have a complete picture of your spouse’s finances? Spouses sometimes hide assets or fail to disclose debts. A family law attorney has the resources to conduct formal discovery, uncovering hidden bank accounts, investments, or business interests you may not have known existed. Missing even one significant asset could cost you tens of thousands of dollars in your settlement.
3. Creating an Unenforceable Agreement
A divorce decree is a legally binding court order. If your DIY agreement is vague, contains errors, or is not compliant with Utah law, it may be deemed unenforceable. This can lead to years of future legal battles over alimony, child support, or property division that you thought were already settled. The cost of litigating these issues after the fact will quickly dwarf what you would have paid for a lawyer initially.
4. Waiving Your Right to Alimony
Many people pursuing a DIY divorce agree to waive alimony to keep things amicable, without understanding their legal rights. In Utah, you may be entitled to alimony to help you maintain the standard of living you had during the marriage. Waiving it without a full financial picture could be a multi-thousand-dollar mistake every year for the foreseeable future.
When Is a DIY Divorce Ever a Good Idea?
A DIY approach might be suitable only if all of the following are true:
- You have been married for a very short time.
- You have no children.
- You have no significant assets (like a house or retirement accounts).
- You have no joint debts.
- There is absolutely no history of abuse or power imbalance.
For everyone else, the risks are simply too high.
An Attorney Is an Investment in Your Future
Hiring a divorce attorney isn’t an expense; it’s an investment in your financial security. A skilled lawyer will ensure your assets are divided fairly, your rights are protected, and your divorce decree is ironclad, saving you from costly legal battles in the future.
Before you click “start” on that online divorce service, understand what’s truly at stake. Contact Fontenot Law, P.C. today for a consultation. We can help you understand your rights and make an informed decision about the best path forward for you and your family.
