Many people going through a divorce will have found themselves asking if they can go through the process without a lawyer at one point or another. Also, even those actively going through a divorce may wonder if they need a lawyer or not, for example when it comes to negotiating and agreeing on filings surrounding custody, paternity, and spousal support. So, in this article, we will discuss the topic of do-it-yourself divorces and filings, and outline the pros and cons of this approach.
Can I Get a Divorce Without an Attorney? The Simple Answer
Yes, you can certainly get divorced and handle other issues (like paternity, custody and support ones) without the help of a professional attorney.
This is especially true for amicable, uncontested divorces and issues that don’t involve minor children and where assets are limited. In fact, in such cases, you may even find that many attorneys will actually agree that the divorce can proceed without each party paying extra for legal representation.
A 2010 study found that 43.9% of husbands and 37.7% of wives in a sample chose to represent themselves in their divorce, and approximately 70-90% (depending on the state) of family court cases do not have legal representation.
If, after reading the rest of this article, you do make the decision to proceed in your filing without hiring an attorney, we would strongly encourage you to sign up for and explore the splitup app. Within the app you will find a comprehensive collection of divorce and family law-related support and guidance.
What Is the Process of Divorce Without Legal Representation?
If you do decide to proceed with your divorce without hiring an attorney, you can expect the process to look loosely as follows:
Petition for divorce - The first step in the divorce process will be one of the spouses filing a petition for divorce at the local court office. If you have already been served with divorce papers, this would suggest that your spouse has already taken this step and you can skip the next one.
Completing and filing initial forms - Next, the petitioning spouse will need to find and file a variety of forms to progress the divorce case, and the exact forms that need submitting will vary by state.
Divorce papers and a court summons (if applicable) - The spouse who didn’t file the petition will be served with the divorce papers and a court summons notifying them that they are involved in a court case which they must engage with and respond to. A ‘proof of service’ is usually involved here which means that the petitioner can file a ‘proof of service’ form evidencing that their spouse was legally notified of the divorce proceedings.
Filing the response and temporary orders - The other spouse now must respond to the divorce petition within a specific timeframe, and this is their chance to agree or disagree with the contents of the petition and suggest alternative terms/amendments. At this stage, a temporary hearing may also be required to establish orders for things like child custody (when minors are involved).
Discovery and research - As the divorce process progresses, both spouses will be required to disclose financial information so that the court can rule on a fair division of assets and debts, and the details of a separation agreement can be put together.
Mediation and negotiation - Before going to trial, spouses have the opportunity to communicate and try to come to some settlement outside of the courtroom. This can in some cases be a better outcome for all involved, and result in a quicker end to the divorce process.
Going to trial - If no settlement or resolution can be reached, the case will proceed to trial where a judge will review the details of the case and decide on the final terms of the divorce.
Obtaining the divorce decree - As the court approves any proposed settlement or rules on a decision after a trial, a divorce decree will be signed which marks the legal end of the marriage. Read our full article about divorce decrees here (*link to divorce decree article once live).
The actual divorce and/or filing process does not change whether you have legal representation or not, and it can be a very intense and complex process with various forms and documents needing to be submitted to allow for due process. This is why so many individuals seek support and guidance via apps like splitup.
If you haven’t already done so, download the app and have a look at what is on offer to help you as you proceed down the divorce process.
Should I Get a Divorce Lawyer?
Like we mentioned above, if you are going through an uncontested divorce and/or things are very amicable with your spouse, there is no legal requirement for you to hire a divorce attorney. However, if you do proceed in representing yourself, we would strongly recommend doing a good deal of research on the entire divorce process via the splitup app.
If you anticipate difficulties in filing the required paperwork, and/or if you are finding the divorce process overwhelming, it may be time to speak to a legal professional.
An effective divorce lawyer will work with you to work towards the best outcome while keeping stress to a minimum. They will help you when it comes to filing all the necessary paperwork, walk you through the entire process and be there to support you and provide legal advice at every step of the way. They will also possess skills and knowledge when it comes to things like financial disclosures and research into your spouse's assets and debts. Additionally, they often have strong negotiation skills which may mean you can reach a mutually beneficial settlement and bring an end to the divorce process much sooner so you can both move on with your lives.
Conclusion
In conclusion, many individuals successfully represent themselves in their divorce and get a divorce decree and settlement agreement that works perfectly well for them. With the right approach and ample research, and especially with the extensive support and guidance readily available in the splitup app, you can save yourself thousands in legal fees by representing yourself in family court.
Disclaimer: This article provides general information only and does not constitute legal advice. Divorce laws and procedures vary by state, and you should consult a licensed attorney for advice about your specific situation.
