August 16, 2013. Many people going through divorce are in tough financial shape and do not want to spend what money they have to hire an attorney to represent them in a divorce. Also, clients typically want to get the divorce over as soon as possible so they can move on with their lives. These mistakes can be very costly. I have met with several clients recently who are experiencing buyer’s remorse after representing themselves in their divorce proceeding. By the time they come to see me, it is usually too late.
When approached with a settlement agreement from the represented spouse, some clients mistakenly believe that the spouse’s attorney also represents them. The settlement agreement you are approached with will state the attorney only represents your spouse in the divorce. This can be confusing to the un-represented spouse who is unfamiliar with the legal system. The settlement agreement may favor the represented spouse.
Other times, the client will tell me that they just wanted out so they agreed to give the ex-spouse everything to just end it. This is where an attorney can help ensure that you are receiving what you are entitled to under the law. When the dust settles, you may realize that you need the money out of the marital home to put a down payment on a home for yourself. Or, you may realize that you have no retirement because you stayed home while your spouse worked and was allowed to keep that retirement account under the settlement agreement. Because of your haste, you received a lesser settlement.
Another area of regret is child custody and visitation. A parent may agree to less visitation or agree to give the other parent primary custody because of surrounding issues related to the painful divorce or life circumstances. When that parent is able to get back on their feet, they realize they are unsatisfied with the current custody and/or visitation situation.
Courts do not give a “do over” to re-negotiate a settlement. Once the agreement is signed between the parties and it is approved by the judge, the settlement is final unless a party can show fraud, duress, mistake, or coercion. The only areas that can be modified are child support, child custody, and alimony after a substantial change in circumstances is presented to the court.
Money spent on an attorney during divorce may save you a lot of headache and money down the road. Your attorney is trained to identify legal and practical issues in settlement agreements that you may not recognize.