Despite the growing number of divorces, divorce law is just as complex as it has been for years, and attempting to file for divorce without the help of a legal professional isn’t advisable. In fact, when a divorcing party chooses to represent themselves in a divorce, it’s not uncommon for serious errors to be made. Consider the following common mistakes of parties representing themselves in a divorce in Dallas:
Failure to Include Important Stipulations in a Divorce Decree
The divorce decree is a judgment, issued by the court, which both spouses must follow. Usually, a divorcing couple can determine the terms of their divorce decree by working together in a mediation session, through collaborative divorce, or by presenting their case before a court. Unfortunately, without a legal background, though, a divorcing spouse may forget to include important stipulations within the divorce decree, or may misunderstand a divorce decree’s orders. The most commonly forgot about—or misunderstood—issues include alimony payments, listing of the family home for sale, division of retirement and other bank accounts, and the payment of debts. If a decree isn’t followed, one spouse can seek enforcement (Section 9.001 of Texas Family Code).
Failure to Understand Obligation to Remove a Spouse from a Loan Title
Depending upon the divorce decree, you may be responsible for removing your ex-spouses name from a loan title. In the event that you are responsible for paying off the existing debt on a loan, and do not remove your ex-spouse’s name from the title, then your ex-spouse can file a lawsuit against you if they are in any way harmed by your failure to pay the debt. To ensure that you’re not held liable for harm caused to your spouse based on debt on a loan, it’s essential that you have an attorney who can help you negotiate a divorce decree, or help you with the legal process of removing a spouse’s liability from loan repayment.
Failure to Create a Parenting Plan that’s Advantageous for All
If you are getting a divorce and have children, you are required to create a parenting plan. A parenting plan determines where the children will live, with whom they will spend time and when (holidays, birthday, etc.), how financial support for the children will be decided, how future conflicts will be resolved, and more. Without an attorney to represent you, you may end up with a parenting plan that leaves you out of many parenting decisions, but results with you having to pay a large child support payment.
Let a Dallas Divorce Attorney be Your Divorce Guide Today
Making mistakes regarding your divorce decrees, division of retirement accounts, changing of loan titles, and parenting plan are big mistakes, and are hard—if not impossible—to correct. To ensure that your divorce goes as smoothly as possible, and that you don’t emerge from your divorce holding the shorter end of the stick, you need to hire an attorney. At the Law Office of Julie Johnson, PLLC, our Texas divorce lawyers can meet with you today, and are ready to talk seven days a week, 24 hours a day. Schedule your consultation now at 214-265-7630.