INDUSTRY INSIGHT
FAMILY LAW
SPONSORED CONTENT
Each year , we hear from people who handled their divorce on their own and signed a document settling without any advice from an attorney which is rife with mistakes , unenforceable language , and provisions that obligate parties to pay something for an eternity .
If you are contemplating going through a divorce , you should hire a qualified attorney to assist you . It is
You Should Not Handle a Divorce by Yourself
as simple as could versus should . Yes , you can do it yourself , but you likely should not do it yourself . Could you amputate your own leg ? Yes . Should you amputate your own leg ? Let ’ s leave that to a doctor who knows the right way to do it , what direction to go , how to treat the wound , and on and on .
Dividing a marital estate is not as simple as 50 / 50 . An attorney can assist you in defining what a marital asset is , as many people are under the impression that a marital asset must be in joint name leaving out ample retirement accounts that should be shared . Others believe that if a couple is sharing custody of children equally that there is no child support obligation , which is false is most cases .
When lay people are putting together an agreement , they forget to put in important timing and deadline provisions . Leaving out an end date to an alimony claim could be financially catastrophic . Forgetting to put a deadline for a former spouse to refinance a marital residence could mean that you may never get off that mortgage and get to buy a new house because your name is still listed as a debtor on mortgage for a house that you do not even live in anymore . Sometimes , pensions are left out altogether because parties do not believe they have any value until retirement which is inaccurate in most cases . In custody matters , some parents do not outline a holiday schedule believing they are going to be copasetic and celebrate www . mcmorrowlaw . com
holidays as a family for the next 10 years until the kids leave the house . However , they find out the next year that they need to scramble to go to court because their new spouse wants to celebrate Christmas with his family and does not like your former husband . You can be as flexible as you want with each other but having a solid enforceable Marriage Settlement Agreement and Custody Agreement if you have kids is like an insurance policy if someone stops being flexible . The negotiations themselves could be problematic , as one spouse may be agreeing to something outlandish as a result of feeling guilty or being browbeaten by his or her spouse to just agree or face some invented consequence . At our firm , we like to educate our clients on what the law is and how it affects them giving the pros and cons to any preliminary negotiations or to a proposed settlement agreement . We want our clients to make informed decisions and cover all your bases . The purpose of an attorney should not be to create problems where none exist to make more money from the client . With all the financial documentation , it is normally straightforward that understanding what the marital estate looks like , how to value it and creating ways to divide it , really should not be overly complicated . The hard part is for the client deciding ( not the lawyer ) on what to settle upon . Bottom line : Don ’ t go it alone because a simple error could cost you thousands of dollars .
This Industry Insight was written by Brooke B . McMorrow . Attorney Brooke McMorrow is the founding member and Managing Attorney of McMorrow Law , LLC located in Wexford and Beaver , Pennsylvania . McMorrow Law focuses on family law matters such as divorce , custody , child support , guardianship , estate planning , and probate / estate administration in Pittsburgh and the surrounding counties . Attorney McMorrow is collaboratively trained and a certified mediator . She is licensed to practice in Pennsylvania and New York . For a free initial consultation call 724.940.0100 or visit the website at mcmorrowlaw . com .
NORTH ALLEGHENY | SPRING 2023 23