Divorce rates increase during hard economic times. The other thing that increases are Pro Se divorce litigants. The right to represent ourselves in court was legally established during Lincoln’s presidency. That is a right that many are taking advantage of lately and they are doing it without a clear understanding of what is involved.
Divorce is not easy and neither is representing oneself in court. Before you make the decision to go Pro Se please put some thought into how complicated your specific issues are.
If any of the issues below apply to you, Pro Se is not an option. You need an attorney to make sure your legal rights are protected.
- Is there a gross disparity between the parties? In other words if your husband/wife is able to hire a high priced attorney you can bet you will be outgunned in court. Any legal representation is better than none when you are divorcing a spouse with the financial means to hire good representation.
- Has there been financial misconduct? If your spouse has spent money on another woman/man or hidden assets, you need an attorney plus a Certified Financial Divorce Analyst to advocate for you in court.
- Has there been domestic abuse or do you suspect child abuse? These are all issues that make the divorce process more complicated. The good news is, in cases of abuse, if you can’t afford an attorney you can seek help from your local Legal Aid Society.
- Do you live in one state and your spouse in another? If your spouse has filed for a divorce in another state you should always hire an attorney who is experienced with the divorce laws of that state. One who is familiar with how divorce is done locally and has experience with local judges. This is especially important if with post-divorce issues such as child support modification or changes in custody.
- Are there issues of drug abuse or mental illness? If so, get an attorney. People who are mentally incompetent or addicted to drugs aren’t known to act rationally. Not only do you need an attorney to protect your legal rights, you need one who can make sure you are protected physically.
I recently read a quote by Lisa Arnesen, an assistant family law manager with the Tarrant County, Texas clerk’s office. “In criminal courts, you see the worst people on their best behavior. In civil courts, you see good people on their worst behavior,"
That is what divorce does, it brings out the worst in good people. The Pro Se litigant goes into the process expecting fairness. They believe if they do their homework, learn the laws of their state and comply with all the rules they will walk out of court with what is rightfully theirs.
In some cases that is true. In some, it isn’t true. If you are thinking about going Pro Se only do so if your situation is uncomplicated by any of the above issues. And, with the realization that divorce is not only a legal matter, it is also an emotional matter and you have to be able to put your emotions on the backburner.
