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Judge rejects DIY divorce after 30 years, citing unfair terms
The judge’s decision highlighted how DIY agreements can be deemed unenforceable after long marriages, especially when asset values differ widely.
A judge rejected a DIY divorce after a 30 year marriage, underscoring that “money saved” upfront on legal fees can backfire when a court finds the agreed terms unfair, Yahoo Finance reported. Family lawyer Grace Roessler of Mirick law firm in Massachusetts described a case where the court would not accept the couple’s arrangement, saying the terms were not equitable to the wife.
Roessler said many DIY divorce agreements may not hold up in court, particularly in older couples’ “gray divorce” situations, where there has often been an imbalance in financial power and where one partner’s assets can be far larger than the other’s. She cited an example involving a wide gap in wealth levels, tied to why the judge viewed the proposed terms as inequitable.
She noted that one common trigger for gray divorce is when a spouse gains financial autonomy and begins reviewing household finances, including joint accounts, to understand what money is actually available. She said this groundwork can also help spouses negotiate, set expectations with an attorney, and identify assets and liabilities such as jointly held homes and mortgages.
Roessler also recommended steps to prepare before filing, including making an inventory of shared assets and liabilities and obtaining tax documents. She said tax return information can reveal investment and retirement income sources, including dividend and interest income, and that spouses can request copies through the accountant who prepared returns or by seeking records from the IRS if needed.