This entry was posted on Thursday, August 16th, 2007 at 7:31 pm and is filed under Uncategorized.
You have the right to represent yourself in your divorce case, which is known as acting pro se. There are a lot of good reasons to do this, but ultimately they boil down to two things: money and control. Lawyers are expensive, and once you hire one, the lawyer is in control of your case, not you. And there is always the possibility that getting lawyers involved in a divorce will escalate tensions.
At Divorce Zone, we are big fans of people handling their divorces as much as possible. The best way to do that is to read up as much as possible on the subject.
That being said, regardless of how simple your case is, if you and your spouse separate, you should initially consult with a divorce lawyer. A divorce lawyer can help you apply all that you have learnt about divorce to the specifics of your case. He or she can also make sure that you have not overlooked something or misunderstood something.
Divorce law has become so complex that it is important that you consult with a lawyer who specializes in divorce law, not a generalist.
There are a number of situations where you should definitely have a lawyer, no matter how much you want to act pro se:
1. Child Custody Battle - This is unfortunately one of the most difficult and emotional areas of divorce law. Even if you are a good parent, you may lose child custody. A divorce lawyer will help you present a stronger case for child custody to the court.
2. Alimony - Determining the amount of alimony you are entitled to are should pay is more of an art than a science. A divorce lawyer can help you determine what the local judges are likely to award in terms of alimony.
3. Self-Employment - Owning a business makes a divorce situation very complicated, both in terms of determining the value of the business and the income of the business owner. You will need expert legal help to deal with these complexities.
4. Significant Assets - The more complicated your financial situation, the more you will need a lawyer. A divorce lawyer can minimize the amount of taxes you pay by structuring the property settlement properly.
5. Retirement Plans - If you have been working at the same job for any length of time, it is likely that your second most valuable asset (after your home) is your retirement plan, especially if you are employed by the government or a large corporation. Transferring retirement plan assets is a complicated legal process.
6. Jurisdiction - Another particularly complex area of divorce law is when there is a dispute as to the appropriate jurisdiction in which your divorce case should be heard. You’ll need a divorce lawyer for this.
7. Spouse’s Divorce Lawyer - If your spouse has hired a divorce lawyer, you should probably get one too. The laws and procedures involved in a divorce are quite complex. Do not let yourself be outmaneuvred by someone who knows the ropes. The court will not protect you when you make errors.
8. Communication Issues - Sure, part of the reason your marriage broke down was likely that you and your spouse could not communicate well. But to resolve things without the use of a lawyer, there needs to be a certain bare minimun ability to communicate, even if it is just via e-mail. If this can’t be done, then you will each need a divorce lawyer to communicate on your behalf.
9. Power Imbalance - If your former spouse is domineering or controlling, you will be better off dealing with him or her through a divorce lawyer. You don’t want to be bullied into agreeing to something that you aren’t satisfied with.
10. Allegations of domestic violence or child abuse. Even if the allegations are not true, they can have a devastating effect, and must be dealt with quickly and appropriately by a divorce lawyer. There’s no debate about this one or room for compromise. Get a divorce lawyer and get one right away.
Don't forget to subscribe to the Divorce Zone feedRead comments (1)
August 22nd, 2007 at 4:18 pm
[...] recently looked at whether you should represent yourself in your divorce or hire a divorce lawyer. Not all lawyers [...]