A do-it-yourself (DIY) approach to divorce is somewhat common. Many people choose to represent themselves during divorce proceedings. In some cases, those pursuing a pro se filing on their own behalf believe that their efforts may save them money when compared with the average cost of divorce.
Others hope to keep things amicable by foregoing legal representation. Most people preparing for divorce need the support and the legal guidance of an attorney. Even those hoping to pursue a relatively straightforward divorce without litigation may benefit from working with a family law attorney as they prepare paperwork, negotiate settlements and navigate the court process.
Why is an attorney’s support important for those interested in filing a DIY divorce?
The complexity of the process
Most people have no experience submitting paperwork to the courts or attending hearings. They do not understand how inflexible the process can be. Additionally, their lack of familiarity with legal jargon and paperwork can lead to errors in the documents submitted to the courts.
Working with an attorney helps ensure that a spouse is aware of their rights and the requirements imposed by the law. Their lawyer can handle the paperwork and the filing process, which can significantly reduce the likelihood of delays and complications caused by paperwork mistakes.
The possibility of conflict
Many people planning for DIY divorces try to cooperate with their spouses. They promise one another to remain calm and cooperative throughout the process.
However, nothing stops either spouse from showing up to negotiations or a court hearing with an attorney. The spouse without a lawyer in that situation is at a significant disadvantage. Both spouses can protect themselves more effectively if they have individual legal representation.
The risk of future disputes
Bypassing legal representation in the early stages of divorce may seem like a way to keep costs low. However, such arrangements increase the likelihood of future issues arising. The spouses may end up disagreeing about how they divided their property or the arrangements they set for child custody.
If they must go back to court and litigate to pursue a modification, the costs could add up very quickly. When compared with the expense involved in protracted post-decree litigation, having legal guidance during the negotiation process and the actual divorce proceedings may be a more cost-effective option.
Partnering with an attorney makes divorce more predictable and can limit a spouse’s legal exposure. Even those pursuing a relatively rapid uncontested divorce without litigation may benefit from having a lawyer represent their interests.