A do it yourself divorce for men can be a risky endeavor. Whether a man has property, retirement funds, or custody issues, there are things he should know before taking on the process on his own. Even if the woman is representing herself, a man should know that the court will review all agreements made to ensure that the end result is fair and to ensure that one party was not less informed or that one party was able to take advantage of another.
Financial Disclosure
The court will require detailed financial disclosure. Most states require that spouses share not only in the income, but also in the retirement funds accumulated during the marriage. A man must be careful to disclose his retirement assets and potential benefits. A man who does not disclose his future retirement or pension benefits risks a future court action if the spouse discovers that he was not honest in his disclosures at the time of the divorce. A man’s income history is a key factor in the determination of both child support and spousal maintenance. Some states look not only at current income, but at income potential, which means a man should be aware that even if he is unemployed, or underemployed, he may be required to pay based on his history of earnings rather than his current income.
QDRO’s
Most often a Qualified Domestic Relations Order (QDRO) is drafted to divide retirement accounts following a divorce without a penalty. Money can also be taken out of a QDRO in order to satisfy spousal maintenance obligations with a lump sum payment or can be used to satisfy property division where there are limited cash assets. QDRO’s are fairly complicated documents which should be drafted by someone with QDRO experience. A do-it-yourself man should consider hiring someone to draft the QDRO even if he represents himself in the divorce action.
Custody and Parenting Time
Some states tie parenting time to the amount of support a parent must pay. The assumption is that a parent will pay for basic daily living needs while a child is with that parent, so the need for child support might be less if a parent has more time with a child. Some states also have different formulas for child support based on whether a parent has join physical or sole physical custody. A father doing his own divorce should be aware that when he is negotiating parenting time and custody because those decisions may also affect the amount of money he will be ordered to pay.
Getting Legal Help
An experienced family law attorney can help a man understand the issues in his particular situation according to the specific state law in his case and can warn him of potential complications. Some divorce actions are easy and can be handled without an attorney, and some might benefit from an attorney review before the final document is submitted to the court. A man beginning a divorce action should become familiar with the law in his state and understand the process from start to finish.
