Do it Yourself Process

A “do it yourself” divorce (or “DIY” or “Kitchen Table”) is exactly what it seems –  a legal process where clients take on the responsibility of navigating the dissolution of a marriage without the assistance of legal professionals. Both parties proceed unrepresented or "pro se" and they negotiate directly with each other.

In a DIY divorce, the parties are responsible to research the legal requirements and procedures for divorce in your jurisdiction. This involves gathering information about filing requirements, documentation needed, and deadlines to ensure compliance with local rules.  Once armed with the necessary information, you must complete the required divorce forms, which typically include petitions, financial disclosures, and settlement agreements. These forms vary by jurisdiction and may be available online or through court websites. There may be educational resources provided by your local jurisdiction to assist in a DIY process.  After completing the requisite forms, you must file them with the appropriate court, along with any required fees. Filing procedures may vary depending on the jurisdiction, so it's essential to follow the court's instructions carefully.

In a DIY divorce, parties negotiate directly with each other to reach agreements on key issues such as property division, parenting plan/child custody, and cash flow. This often involves open communication, compromise, and a willingness to work together to find mutually acceptable solutions.  Once agreements have been reached and all necessary paperwork filed with the court, you usually must attend a final divorce hearing to have your divorce decree approved by a judge. Upon approval, the divorce becomes final, and parties are legally divorced.

Pros of a DIY Divorce

• Cost Savings: One of the primary advantages of a DIY divorce is cost savings. By eliminating legal fees associated with attorney representation, you may significantly reduce the expenses incurred during the divorce process.
• Control and Autonomy: DIY divorce affords parties greater control and autonomy over the process and outcome of their divorce. You can tailor agreements to your specific needs and priorities without external influence.
• Flexibility and Convenience: DIY divorce offers flexibility and convenience, allowing you to proceed at their own pace and schedule. You can complete paperwork and negotiations on your own timeline, without being bound by court schedules or attorney availability.

Cons of a DIY Divorce

• Complexity and Legal Requirements: Divorce laws and procedures can be complex and vary by jurisdiction, making it challenging for individuals without legal expertise to navigate the process effectively. Failure to comply with legal requirements could result in delays or complications.‍
• Emotional Challenges: Divorce is inherently emotional, and navigating the process without professional guidance can be overwhelming and stressful. Some may struggle to maintain objectivity and communication with their spouse during negotiations.‍
• Risk of Mistakes or Oversights: Without legal guidance, parties may overlook important legal considerations or make mistakes in completing paperwork, potentially jeopardizing your legal rights or financial interests.

In summary, a DIY divorce offers cost savings, control, and flexibility but comes with risks related to complexity, emotional challenges, and potential legal pitfalls.

NOTE: In many jurisdictions you can hire an attorney or other professional to consult on DIY forms and make sure you have completed everything correctly.  While the attorney likely will not provide legal advice in this limited role, the attorney may provide some reassurances that you have accurately drafted up your agreements in a manner to meet the intended goals.