Divorce is one of the most significant legal and financial decisions you will ever make. For some couples, the idea of handling it themselves—without attorneys—seems like a straightforward way to save money and move on quickly. But before you commit to a do-it-yourself divorce, it is essential to understand what you might be risking. While DIY divorce can work for some couples in very simple situations, many people walk away from the process having unknowingly compromised their rights, their finances, and their future.
This guide breaks down the hidden risks of DIY divorce, explains why the small details in your divorce agreement matter more than you might think, and helps you understand when it makes sense to seek legal guidance—even if you are trying to keep costs low.
Understanding Your Rights Before You Begin
One of the most common mistakes people make when pursuing a DIY divorce is entering the process without a clear understanding of what they are entitled to under Massachusetts law. Divorce involves the division of assets, debts, and sometimes spousal support or child custody arrangements. Each of these areas has specific legal standards, and what you receive—or give up—depends heavily on how well you understand your position.
When you do not have a firm grasp on your rights, you may end up compromising yourself without even realizing it. For example, you might agree to a smaller share of marital assets than you are legally entitled to, or you might overlook retirement accounts, stock options, or other financial interests that should be part of the equation. You might also make concessions on custody or parenting time that do not reflect what a court would likely order if the case went to trial.
This does not mean you cannot have flexibility in your divorce. Many couples choose to prioritize certain outcomes over others, and that is perfectly reasonable. But there is a significant difference between making an informed decision to accept less in one area in exchange for something you value more and simply not knowing what you were entitled to in the first place. When you understand your high-leverage points—the areas where you have the strongest legal footing—you are in a much better position to negotiate effectively and walk away with an outcome that truly reflects your interests.
For people with significant assets, children, or complex financial situations, getting legal advice at the outset can prevent long-term financial pain. Even a single consultation can help you size up your circumstances and understand what is at stake before you start negotiating.
Why the Language in Your Agreement Matters
The majority of divorce cases in Massachusetts are resolved by agreement, not by trial. Most people want to avoid the time, expense, and emotional toll of litigating their divorce in court, so they work toward a settlement. But here is what many people do not realize: when you settle your divorce, the agreement you sign becomes a binding legal document. The specific words in that agreement determine what you can and cannot do, what you are entitled to, and what obligations you and your spouse have going forward.
If you are not trained in the language and provisions commonly used in divorce agreements, you could end up signing something that does not mean what you think it means. A phrase that seems straightforward might have a specific legal interpretation that differs from your understanding. A provision you thought protected you might actually leave you vulnerable. And once you sign, you are generally bound by those terms—even if you later realize you made a mistake.
The consequences of misunderstanding your agreement can follow you for years. You might find yourself unable to modify a support order you thought was temporary. You might discover that the division of a retirement account was not handled correctly, leaving you with less than you expected. You might face unexpected restrictions on where you can live or how you can make decisions about your children. These are not hypothetical risks—they are situations that attorneys see regularly when people come in after a DIY divorce has gone wrong.
How Attorneys Help With Drafting and Negotiating Agreements
When you work with a divorce attorney, one of the most valuable things they do is ensure that your agreement is drafted correctly. This means making sure the language is worded in a way that allows you to do what you want to do after the divorce is finalized. It means ensuring that the other party is clearly obligated to do what they are supposed to do—and that there are consequences if they do not. And it means building in clarity so that if disagreements arise later, both parties understand exactly what was agreed upon.
This is especially important in cases where there may be friction between spouses moving forward. If you have children together, you will be co-parenting for years to come, and disputes can easily arise over scheduling, decision-making, and expenses. If there are ongoing financial obligations like alimony or child support, questions can come up about modifications, enforcement, and what happens if circumstances change. A well-drafted agreement anticipates these issues and provides clear boundaries and parameters for both the financial and parenting aspects of your post-divorce life.
Without this level of precision, you may find yourself back in court sooner than you expected, trying to resolve ambiguities or enforce provisions that were not clearly written. That costs time and money—often more than it would have cost to get the agreement right in the first place.
Can Hiring a Lawyer Actually Save You Money?
It might seem counterintuitive, but hiring a divorce attorney can actually save you money in the long run. Here is why: when you have legal guidance from the outset, you start the process with a clear understanding of your circumstances, a reasonable goal for what you want to achieve, and specific steps to get there. This kind of preparation makes negotiations smoother and more efficient.
When people dive into divorce negotiations without this foundation, things often go sideways. They may agree to give up something they should not have, then try to walk it back later. They may change their position on key issues as they learn more, which frustrates the other side and erodes trust. They may not understand the full scope of what needs to be addressed, leading to constant adjustments and course corrections.
All of this can cause negotiations to break down. When that happens, the process drags on longer, emotions run higher, and costs go up—sometimes dramatically. What started as an attempt to save money by avoiding attorney fees can end up costing far more than a straightforward, well-guided divorce would have.
Having clarity on what you are entitled to and a clear path to getting there does not just protect your interests—it helps both parties move through the process with less conflict and fewer surprises. That benefits everyone involved, including your children if you have them.
When Does DIY Divorce Make Sense?
DIY divorce is not always a bad idea. For couples with no children, no significant assets, no debts, and complete agreement on all terms, handling the paperwork themselves may be a reasonable option. But even in these simple cases, it can be worth having an attorney review the final agreement before you sign, just to make sure nothing has been overlooked.
For anyone with children, real estate, retirement accounts, business interests, or any level of complexity in their financial situation, getting legal advice is strongly recommended. The same is true if there is any disagreement between you and your spouse about how things should be divided or how parenting should be handled. In these situations, the risks of DIY divorce are simply too high.
Take the Next Step
If you are considering divorce in Massachusetts and want to make sure you understand your rights before you begin, the team at Farias Family Law, P.C. can help. Whether you are exploring your options, preparing for negotiations, or need guidance on a specific issue, scheduling an assessment is the first step toward protecting your future.
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