Do-it-yourself divorces represent an increasingly prevalent trend in the legal field. Such divorces are typically initiated and concluded by a ‘pro se party’, a Latin term referring to someone who elects to proceed with litigation without the assistance of an attorney. While representing one’s self in a divorce case is perfectly legal and sometimes financially advantageous, it’s essential that certain factors be taken into account before deciding to navigate this process alone.
As outlawed in a recent post by Obermayer Rebmann Maxwell & Hippel LLP, divorce is a complex procedure laden with intricate legalities and potential pitfalls. It might be tempting to save on attorney fees by going down the pro se route, but failing to fully grasp the financial, legal, or emotional implications could lead to costly mistakes.
- Understanding complexities involved: Divorce involves multiple issues starting from division of assets, spousal support and, if applicable, the determination of child custody. The absence of a legal professional might render the party incapable of anticipating the full scope of these issues.
- Oversight of legal standards: Every jurisdiction has a set of legal standards regarding divorce proceedings that the court would expect the pro se party to adhere to. Failure to comply with these mandates might negatively influence the judge and the case outcome.
- Emotional Fallout: Divorces often involve heightened emotions that might affect one’s judgement. An attorney can provide an unbiased perspective and help in making sound decisions during such tumultuous times.
Given these serious considerations, the decision to represent oneself in a divorce proceedings should not be made hastily. Professional assistance, even in a limited capacity, should be sought to understand the full implications of a do-it-yourself divorce.