Hire Divorce Lawyer or Use Online Divorce Forms?

By Scott Morgan

When should you hire an attorney and when is it okay to 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 lawyer.

What Does it Mean to Use an Online Divorce Form Website?

Essentially, using an online form website in your family law case means that you will represent yourself - in other words, that you will act as your own attorney.  All of the online divorce form sites have disclaimers making it clear that they are not your attorney and that they are just assisting you to prepare documents.  While it is your constitutional right to act as your own attorney, there are some significant risks involved that should be evaluated before you go 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 look exactly like 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 particular 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 in a case involving 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 attorney can make a big difference.  A lawyer will learn more about the specifics of 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 family law attorney.

What if You Own Property?

Many of the divorce form sites also claim to offer forms that will deal with the most complicated kinds of property divisions.  But when it comes to dividing any property beyond personal effects (clothing, 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 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 to you.  But for most people, especially those with children or property, it is essential to hire an experienced family law attorney to handle their case.

About the Author

Scott Morgan is the owner of www.california-divorce-info.com and a practicing divorce attorney in Houston, Texas.

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