Do It Yourself kits have become widespread since the ‘90s.  With advancements in technology, access to legal forms and Do It Yourself kits have become surged.  Although each state has its own set of particularized forms, just about each state has permitted the use of some of the more common forms.  Preparing legal forms oneself, saves time, money and in many cases, heartache.  Not only is it convenient to be able to prepare forms on your own computer, but often times it keeps the peace by avoiding the contentiousness that arises when a lawyer gets involved.

Here I will discuss some of the most common Do It Yourself kits and when it is appropriate to use them.  Every situation or circumstance is different, so there is rarely a one size fits all form that should be used in each case. The most common Do It Yourself kits and legal forms are:

Divorce Kits:

            Divorces are usually very complex cases, particularly contested divorces.  When parties decide to divorce they typically have to split up property, settle debts, determine child custody and calculate child support, amongst other things.  Although it may appear simple when faced with the decision of who takes the television sets, for instance, but trying to discern if one should get a portion of the other party’s retirement is not always even a ‘thought’.  There are instances when a Do It Yourself divorce is economically feasible and extremely convenient.  In assessing your situation you should consider:  if there is real or personal property of the marriage, if there are children and child custody or child support need to be determined, if there is a history of domestic violence, if one party needs financial assistance from the other to “get back on his or her feet”, if the location of your spouse can not be ascertained or if the other party is represented by an attorney.  If any one of these factors exists, at least consulting with an experienced family law attorney is highly recommended beforehand. Divorce kits are ideally for parties with no property, no debts, no children, or for those who agree on all terms of the divorce.  If you insist on doing the divorce yourself and fail to address any one of these issues at the time, it may wind up costing more in the long run when attempting to rectify them.

Wills or Living Trusts Kits:

            Preparing for your future is no longer an option.  Having a will and/or living trust prepared minimize disputes over property, avoids lengthy and costly litigation that only prolongs distribution of the estate and prevents hefty tax burdens imposed on the estate.  You have much more control over what happens to your most ‘prized possessions’ when you take the initiative to have a will and living trust prepared before you pass on and can usually avoid probate if it is done correctly. However, even the most “simple” or the smallest estates has its own set of factors specific to it, requiring the expertise of an experienced elder law attorney.  Tax consequences, legal ownership of property, rights of heirs and financial implications all require the legal advice of an attorney.  Preparing a will or living trust without having an attorney present only compounds the very issue one is usually trying to avoid in the first place.  Probating an estate can be very expensive, very time consuming and can wind up having assets dispersed in a manner not intended by the deceased.

Premarital Agreements or Separation Agreements Forms:

            Getting married is one of the most life altering decisions one can make.  It alters one’s life economically, emotionally/psychologically and physically, at the very least.  Combining assets, adjusting lifestyles, adapting to habits and compromising on ideals or beliefs are typical elements that comprise a marriage.  Given all of these considerations, not only is it wise to try to resolve these issues before the bond is created, but it is quite practical.  Premarital agreements (“prenuptial agreements”) are generally used when the parties have separate property that they want to keep separate, one party has more assets than the other, there are children from a previous marriage or relationship, there is extended family members that need to be taken care of or if one party will be putting the other through college or further education during the marriage.  Although most terms of the marriage may be addressed in the premarital agreement, not limited to money issues, they should not attempt to replace other important legal documents, i.e. wills.  Having the premarital agreement prepared by an experienced matrimonial attorney may avoid having the agreement being voided by the court if it is challenged by the other party for “unfairness”.  Separation agreements, generally addresses all of the same issues addressed in premarital agreements, except that it is done after the parties are married but before they divorce.  Although separation agreements are not usually challenged on the same grounds premarital agreements are challenged, they are at times questioned on other bases.  Separation agreements must address all of the issues, property, child custody, child support, debts, etc. at the time it is signed (and acknowledged) or it may be “vacated” or “set aside” for its failure to do so.  Not only does having an experienced matrimonial attorney prepare the separation agreement avoid this, it will obviate the need to start the entire process all over again.

            In today’s climate, where time is a commodity and finances are limited, avoiding the costly and lengthy legal process is usually very appealing.  Even after doing some extensive research, getting insight from others that have endured the process, familiarizing oneself with the “lingo”, having legal documents prepared with the assistance of an experienced attorney is priceless.  Albeit, there are many instances where the procedural rules for drafting, filing or finalizing legal documents are esoteric and only understood by a licensed professional.  Nonetheless, there are some simple documents, like a deed, power of attorney, name change that are not that intricate and can therefore be prepared without an attorney.  However, to avoid the possibility of creating unnecessary problems it is always advisable to at least speak to an attorney first.

          If you need to discuss any of these issues, please feel free to contact my office for a consultation.