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There are many reasons a person may consider to represent themselves, or pro se in a divorce proceeding – concerns about legal costs, trying to keep their divorce a private matter, fear of escalating the situation “because attorneys are involved,” etc. However, in reality, though, there are very few cases which should be done completely without consultation of an attorney.
The prime factor for most people not hiring an attorney is a legitimate concern about the cost involved. While parties may save money in the short run by not hiring an attorney, often in the long run something will come up later – for example, an agreement may be missing an important provision, something was improperly done, etc. Suddenly the person finds themselves in the position of having to hire an attorney out of necessity to fix the problem, and this is often more expensive than if the person had hired an attorney to begin with.
It can be particularly dangerous to represent yourself if you and the other parent are in conflict over the children. The laws regarding child custody, parenting time and child support can be very difficult to understand, and you may be at a distinct disadvantage if the other person has hired an attorney. Many people don’t understand that it can be quite difficult to “undo” or change an order that a Judge previously entered – the legal process can be quite tricky, and missing a technicality could have devastating effects.
Other people don’t hire an attorney because they fear that doing so will make the situation worse. This is where selecting your attorney is very important, and finding out the philosophy of your attorney when proceeding with a divorce. Although your attorney will be handling your case, you’ll want to ensure that your attorney involves you in decision-making about the case. Perhaps even more important is finding an attorney who listens to your preferences – for example, a good attorney will advise your of your right to seek spousal support and your possible outcomes and let you decide. If you decide against seeking spousal support, your attorney should respect that and act accordingly. Unfortunately there are attorneys out there who will tell you what “you need to do,” and essentially take the decision out of your hands.
Good attorneys will also focus on trying to resolve the matter as quickly as possible, at a minimum of expense to you. They will also seek your input before engaging in expensive litigation procedures. Again, this is an important issue to ascertain when you meet with an attorney.
Another advantage of having an attorney is simply it takes more pressure off of you. If you represent yourself, the Judge cannot help you, nor anyone at the court – you are expected to be as informed as an attorney. Having an attorney represent you takes the burden off of trying to comprehend complex legal rules and prepare paperwork, meet deadlines, set hearings, etc.
There are some cases, though, where it does make sense to represent yourself – such as where you agree upon everything, no kids are involved, there is very little to divide up, it was a very short marriage, etc. But, at the very least, if you proceed without an attorney, it’s advisable to at least consult with an attorney to have them review your paperwork/agreement, or to give you an overview of what to expect if you’re going to hearing. Many attorneys are willing to review documents on an hourly basis, and paying for a couple hours’ worth of an attorney’s time can save you thousands of dollars down the road.
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