The Hidden Costs of DIY Divorce: When Saving Money Costs You More

When facing the costs of divorce, handling it yourself can seem like an attractive option. Online forms are readily available, and the court self-help office can assist with paperwork. For some couples, a DIY divorce works perfectly well. For others, however, the money saved upfront leads to much larger costs down the road.

Understanding when DIY divorce makes sense—and when it doesn't—can help you make an informed decision about how to proceed.

When DIY Divorce Can Work

A do-it-yourself divorce may be appropriate when:

**Both parties agree** on all issues (property, support, custody)
**Assets and debts are simple** (no business, minimal retirement accounts, little equity)
**No children**, or you've already agreed on a detailed parenting plan
**Short marriage** with relatively equal financial positions
**Both parties understand** the paperwork and process
**Neither party feels pressured** or confused about the agreement

Even in these situations, having an attorney review your agreement before finalizing can prevent problems.

Where DIY Divorce Goes Wrong

Mistake #1: Incomplete or Incorrect Property Division

The problem: Property division in divorce is permanent. Once the decree is entered, it's extremely difficult to change—even if you later discover you didn't get a fair deal or didn't understand what you were agreeing to.

**Common DIY mistakes:**
Not understanding the difference between marital and separate property
Failing to properly value assets
Overlooking retirement accounts and how they're divided
Missing tax implications of the division
Not accounting for debt properly
Forgetting about assets like frequent flyer miles, stock options, or timeshares

The cost: One common example: agreeing to take the house while your spouse takes retirement accounts. The house may be worth $400,000 on paper, but after selling costs, capital gains, and ongoing maintenance, its net value is much less than retirement accounts of similar face value. This mistake can cost tens or hundreds of thousands of dollars.

Mistake #2: Inadequate Support Agreements

The problem: Support agreements made without understanding Colorado guidelines or your rights can leave one spouse significantly disadvantaged.

**Common DIY mistakes:**
Agreeing to less than guideline child support
Not including provisions for extraordinary expenses
Waiving maintenance that should be paid
Not understanding how support interacts with taxes
Failing to include modification provisions
Not addressing what happens when circumstances change

The cost: A client came to us years after her DIY divorce. She had agreed to $800/month in child support when guidelines indicated she should receive $1,400. Over 10 years with two children, she lost approximately $72,000 in support she was entitled to—far more than an attorney would have cost.

Mistake #3: Problematic Custody Arrangements

The problem: Parenting plans made without legal guidance often lack crucial provisions, leading to ongoing conflict and potentially a complete do-over.

**Common DIY mistakes:**
Vague language that creates ambiguity
Missing provisions for holidays, vacations, or special occasions
No decision-making framework
Failure to address relocation
Missing provisions for communication
Not addressing transportation and exchanges clearly

The cost: Poorly drafted custody agreements often require modification or enforcement actions later—each costing thousands of dollars in attorney fees. Clear, comprehensive agreements upfront prevent these expenses.

Mistake #4: Procedural Errors

The problem: Courts require specific procedures, forms, and filings. Errors can delay your case, result in rejected filings, or create defects that cause problems later.

**Common DIY mistakes:**
Improper service of process
Missing deadlines
Incomplete financial disclosures
Wrong forms or incorrect completion
Missing required attachments
Failure to comply with local rules

The cost: Fixing procedural errors costs time and money. In some cases, improperly finalized divorces have been challenged years later, creating chaos when one party wants to remarry or an estate is being settled.

Mistake #5: Missing the Big Picture

The problem: Without experience in family law, it's easy to miss issues you don't know exist.

**What DIY divorces often miss:**
Life insurance requirements to secure support
QDRO requirements for retirement division
Health insurance considerations
Beneficiary designations that need changing
Tax filing status for the year of divorce
Debt indemnification provisions
What happens if either party dies during the divorce process

The cost: These "details" can have significant financial consequences. Not requiring life insurance to secure support obligations, for example, can leave children without resources if the paying parent dies.

The True Cost Comparison

What a DIY Divorce Costs - Filing fees: ~$230 - Online form services: $150-$500 - Your time: Significant

Total out of pocket: $400-$750

What Legal Guidance Costs - Consultation: $150-$300 - Limited representation (document review): $500-$2,000 - Full representation (uncontested): $2,500-$5,000

Total out of pocket: $500-$5,000

The Cost of Fixing Mistakes - Post-decree modifications: $2,000-$10,000+ - Enforcement actions: $3,000-$15,000+ - Appealing or setting aside agreements: $10,000-$25,000+ - Lost assets from improper division: Often $10,000-$100,000+

A Middle Ground: Unbundled Services

If full representation feels too expensive but DIY feels too risky, consider "unbundled" or limited scope representation:

**Consultation:** An attorney reviews your situation and explains your rights
**Document review:** An attorney reviews agreements before you sign
**Coaching:** An attorney advises you as you handle your own case
**Specific tasks:** An attorney handles complex issues while you handle straightforward ones

This approach provides professional guidance at reduced cost while allowing you to handle simpler aspects yourself.

Questions to Ask Yourself

Before deciding to proceed without an attorney, honestly assess:

Do I fully understand Colorado's laws on property division, support, and custody?
Can I identify all marital and separate property?
Do I know how to properly value retirement accounts, businesses, or real estate?
Am I confident I'm getting a fair deal?
Do I understand what will happen if circumstances change?
Am I emotionally capable of negotiating effectively with my spouse?
Is there any power imbalance that might affect negotiations?
Am I sure my spouse is being honest about finances?

If you hesitate on any of these questions, professional guidance is probably worth the investment.

The Bottom Line

For truly simple situations with full agreement and straightforward finances, DIY divorce can work. But if there are children, significant assets, retirement accounts, support issues, or any disagreement, the "savings" from doing it yourself can easily become the most expensive decision of the divorce.

A consultation with a family law attorney—even if you ultimately handle things yourself—can help you identify issues you might miss and understand what's at stake. That small investment in professional guidance may save you far more than it costs.

[Schedule a consultation](/schedule) to discuss your situation and determine the best approach for your circumstances.