What Is a Pro Se Divorce and Why It Is a Bad Idea

When you think of divorce, you likely think of a courtroom with the spouses represented by their divorce attorney. While most couples choose to have representation that is not always the case. You have the right to represent yourself in court, and no law requires you to hire a divorce attorney when going through a divorce.

However, it’s essential to realize that it can be challenging to do so alone. It’s tempting to save money on attorney’s fees, but given the legal intricacies of filing a divorce, it may be worth it to hire a divorce lawyer.

A pro se divorce may work in niche or special situations, but it can often be tricky. There are many things you should consider before making such a big decision about something so permanent in your life.

What Is a Pro Se Divorce?

A pro se divorce is when individuals represent themselves in court when getting a divorce. Often, spouses who appear pro se in court do so to save money.

When representing yourself in a pro se divorce, the court expects you to understand and follow divorce laws and procedures. This means you’ll need to understand how to file your divorce and how to serve it to your spouse.

Most of the time, divorce forms and instructions for filing are available online, making it a bit easier for those representing themselves. If you make the decision to do a pro se divorce on your own, be aware you do not receive special treatment when representing yourself.

Instances When a Pro Se Divorce Could Work

There are a couple of instances when a pro se divorce could potentially work well. Let’s examine these circumstances.

• An uncontested divorce occurs when both spouses agree on all the terms of their divorce. It typically is quicker and less complicated. When both spouses are willing to work with one another amicably, a pro se divorce could be a good option.
• A simplified divorce is when there is no marital property or debts to divide, no dependent children, and neither spouse is seeking support from the other. If there is nothing to fight about, divorce forms and instructions can be enough to get you through to the end of the divorce.

When to Avoid a Pro Se Divorce

Even under the best circumstances, pro se divorces are not always a great option. Here are some reasons why you should find an experienced divorce attorney to help you with your divorce instead.

Too Much To Lose

When there is much to lose or split in a divorce, enlisting the services of an experienced divorce attorney would be in your best interest. This is especially true when there are children involved. Child custody is too important to risk representing yourself.

Disagreeing on key issues like this can cause distress and be emotionally charged. Having a divorce lawyer help you compile the necessary documentation and evidence will help your divorce proceedings go in the right direction.

You Don’t Have a Lot of Time

To successfully represent yourself in your divorce, you must familiarize yourself with the laws and procedural rules of a divorce. While judges try to work towards a fair settlement in a divorce, there are specific rules they must abide by.

So, if you miss a deadline simply because you weren’t aware of it, it could deal a major blow to your case. Unless you have a lot of free time to learn the local divorce laws, fill out paperwork, and correct any mistakes you may make along the way, hiring a qualified divorce attorney would be a good choice.

An Uneven Playing Field

Without a complete understanding of state and local law and procedures, you could really miss the outcome you were looking for in your case. This is especially true if your spouse has an experienced divorce lawyer. Your chances of winning are extremely lowered when you do not have the same amount of diligence and expertise poured into your case.

Unforeseen Circumstances

Nobody ever knows what the future holds, but there are instances where serious issues can arise in the midst of your divorce. For instance, your spouse might stop paying their temporary alimony. In this case, it would be beneficial to have extra support and advice from an experienced divorce attorney. In the case of emergencies or sudden changes in a divorce case, you need to be able to make a decision quickly, and a lawyer will be able to adapt to this sudden curveball.

It is important to note that if you start your divorce proceedings and can no longer nor want to represent yourself any further, you can always hire an attorney to help you the rest of the way.

When You Fear for Your Safety

Pro se divorces are not recommended for those who are experiencing or are in fear of domestic abuse. If you or your children are unsafe, having a lawyer can protect you from harm and quickly help distance your abuser.

There may be certain actions a divorce lawyer can help you take, like filing for a protective order. A lawyer will be able to help you and your children stay safe so you can put more attention into your divorce.

Find an Experienced Divorce Lawyer in Bakersfield, CA

Choosing a pro se divorce may sound good from a cost standpoint. However, considering the possible downfalls and risks of representing yourself in a divorce, it often makes more sense to enlist the services of a qualified divorce attorney to protect your rights and ensure you get the outcome you want in your divorce.

Thompson Law is here to help you navigate through the challenges that come with divorce proceedings. You deserve the best legal representation through such an emotional and crucial time, and you don’t have to go at it alone.

Contact us today, and let us prepare you for the next chapter in life after your divorce.