There are some situations in which people immediately recognize that they need legal assistance. Those facing criminal charges likely know that they require the support of an attorney to defend themselves. Other times, people assume that they can navigate legal matters on their own.
The internet has given people access to legal document templates and perhaps a false sense of confidence in certain situations. It has become relatively common for people to try to create do-it-yourself (DIY) estate plans or to try to handle a divorce entirely on their own behalf. Trying to handle a divorce without legal support can be a very risky decision.
What are the drawbacks of using DIY documents for estate planning or divorce?
The risk of improper documents
Every state has different requirements for divorce and testamentary instruments. People downloading documents from the internet could very well obtain documents intended for a different state or that have become outdated based on current state requirements.
Even if they obtain the appropriate documents, they may fill them out improperly. People often need a lawyer to assist them with the creation of appropriate estate planning documents or with the completion of divorce paperwork.
People drafting wills may print a DIY document without having witnesses present. They could include unenforceable terms in their wills. Those preparing for divorce may propose terms that do not align with state statutes or make mistakes that slow down the divorce process.
Issues with filing or serving documents
People may need to present documents to the courts. They may also need to submit them to outside parties, such as health care providers or financial institutions. In some cases, people attempting to establish DIY estate plans or to divorce without support can make mistakes regarding the submission of the documents to the appropriate party.
They might even fail to serve their spouses, which might mean that the divorce cannot proceed. Between the possibility of issues with the documents themselves, errors when filling them out and issues with providing paperwork to the right parties, there are countless things that can go wrong when handling complex legal matters without support.
Securing professional assistance when drafting an estate plan or preparing for divorce can help people protect their best interests and achieve their goals. The assistance of an attorney can help reduce the likelihood of simple mistakes that can delay divorces or undermine the efficacy of an estate plan.
