Eight DIY Divorce Pitfalls: Why Going It Alone Could Cost You More

The idea of handling your own divorce can seem appealing, especially if you're hoping to save money. After all, divorce can be expensive, and avoiding attorney fees might seem like a smart financial move. However, the reality is that a “do-it-yourself” (DIY) or pro se divorce often leads to significant complications, unforeseen expenses, and lasting consequences.

Here are eight of the most common pitfalls of DIY divorces and why seeking professional legal guidance is worth the investment:

1. The Complexity of the Legal Process

Divorce is not just an emotional process—it’s a highly technical legal one. In Georgia, there are strict rules governing how divorce cases proceed, including when and how to file documents, how to respond to your spouse’s filings, and how to present your case and evidence in court.

For example, missing a deadline for filing a motion or response or submitting evidence can lead to severe consequences, such as losing the right to contest key issues in your case. Failing to properly respond to discovery can cause additional litigation and sometimes results in an order to pay the other party’s fees related to a discovery dispute.

Additionally, understanding the rules of evidence is critical if your case goes to court. For instance, improperly obtained evidence—such as emails or recordings—may be excluded from consideration, even if they’re crucial to your claims. On the other hand, even properly obtained evidence can be excluded by the Court from consideration if it suffers from some authenticity issue or contains hearsay. DIY divorce filers often struggle with these nuances, putting their case and future at significant risk.

Even seemingly straightforward cases can become legally complex. For example, navigating discovery rules to obtain financial records, understanding the implications of jurisdiction, or addressing legal arguments made by the opposing side requires a deep understanding of Georgia law and court procedures. It is much harder—if not impossible—to fix these problems once they have already occurred during the divorce process, which is why it is imperative to avoid them in the first place.

2. Incomplete or Incorrect Paperwork

Divorce is a legal process, and Georgia courts require specific documents to be filed correctly and on time. Filing errors can lead to delays, increased court fees, and even the dismissal of your case. Many people find themselves frustrated when their DIY divorce hits roadblocks simply because they didn’t understand the procedural requirements, did not include proper information in their filings, or simply cannot figure out how to properly submit pleadings and documents into the court record.

3. Overlooking Marital Assets or Debts

A divorce involves dividing not only assets but also debts. Without a full understanding of property division laws, DIY filers often miss crucial details, such as hidden assets, retirement accounts, or tax implications. Georgia is an equitable distribution state, which means the division of property isn’t always a 50/50 split—it’s based on fairness. Missteps in this area could cost you thousands of dollars or leave you saddled with unexpected financial burdens.

4. Ineffective Custody Agreements

If children are involved, custody arrangements must be carefully crafted to meet their needs and comply with Georgia law. DIY agreements often fail to address critical issues like parenting time schedules, decision-making responsibilities, or provisions for future disputes. Courts may reject poorly written agreements, or worse, you might find yourself returning to court to fix issues later. Unfortunately, it is not uncommon to see poorly drafted custody agreements create significant conflict after the case is over, resulting in more expensive litigation down the road.

5. Underestimating the Long-Term Consequences of Alimony and Child Support

Many DIY divorce filers agree to alimony or child support arrangements without fully understanding their rights or obligations. Without legal advice, you may end up agreeing to payments that are either too high or too low, potentially resulting in years of financial stress.

6. Inability to Anticipate Legal Complications

Divorce laws in Georgia are complex, and the legal landscape can quickly become overwhelming for those without experience. Issues like jurisdiction, service of process, or enforcing a standing order can create unexpected challenges. Without an attorney, you might miss opportunities to protect your interests or enforce your rights, especially when you are not fully aware of those rights and responsibilities.

7. Lack of Emotional Objectivity

Divorce is a highly emotional process, and those emotions can cloud your judgment. Without an attorney to provide objective guidance, you may make decisions based on temporary feelings of anger, guilt, or fear rather than long-term practicality. These emotional decisions can lead to unfavorable outcomes that are difficult—or impossible—to undo. Having an experienced attorney who can offer insight into how to address an issue or present an argument in court in a way that is persuasive to the judge can be critical to achieving a positive outcome.

8. Higher Costs Down the Line

What seems like a cost-saving measure can actually result in more expenses in the future. If your DIY divorce leads to a contested custody battle, disputes over property, or errors in your final decree, you may need to hire an attorney later to fix these problems. By then, the cost of correcting mistakes often exceeds what you would have spent on proper legal representation in the first place, and sometimes the mistakes can be impossible to fix.

When DIY Divorce Might Work—and Why It’s Rare

In certain cases, a DIY divorce may be appropriate—such as when both parties agree on all terms, have no children or significant assets, and the marriage is of short duration. However, even in these cases, consulting with an attorney can help ensure the agreement is legally sound and protects your future interests.

The Value of Legal Representation

Hiring an experienced attorney is about more than just completing paperwork—it’s about safeguarding your rights, minimizing conflict, and ensuring that the outcome of your divorce sets you up for success. At Resurgens Legal Counsel, we specialize in guiding Georgia residents through the divorce process, no matter how simple or complex the situation.

If you’re considering a DIY divorce, contact us first. A consultation can help you weigh your options and determine the best path forward. Call us today at 770-765-7550 or through our website to schedule an appointment and take the first step toward a secure future.