Pro Se? You Don’t Say!

Divorcing Without a Lawyer Is a Slippery Slope

by Michael Heath

Pro se is Latin for “by itself.” Used in law, it means to represent oneself. Pro se divorce is when one or both litigants go to court without legal representation. This may occur when hiring a lawyer is not financially feasible, to save money, or simply because representing oneself is what one prefers to do. Going to divorce court without an attorney is never advisable. ?

Why Pro Se Divorce Is Not a Good Idea

Abraham Lincoln famously said that “the man who represents himself has a fool for a client.” The nation’s sixteenth president and former lawyer meant that anyone who is not trained in the legal profession cannot be effective before the court. A litigant who is unfamiliar with the rules and procedures of the courtroom will be unable to manage their case correctly. A judge will usually give some slack to a litigant representing themselves but the former is not there to teach anyone what to do. It is easy to see how a judge would lose patience with someone incapable of maneuvering through the court processes.

Divorce is inherently complex. There are life-changing issues such as alimony, division of assets, child custody, and child support that may need to be ironed out. There could even be matters involving a pension, business, or child with special needs. Couples who go to court without legal representation leave much to the whims of the judge. There is a distinct disadvantage to a spouse who has no lawyer while the other does.

Couples Have Options

If the divorce is uncontested, couples can save money by using a mediator or collaborative attorneys rather than going the very expensive litigation route. Mediation is not only less costly but allows the couple to retain control of the process, allows privacy, is a more amicable process, and takes less time. Collaborative divorce is very similar to mediation but with consulting attorneys sitting in on the sessions.

If the divorce is headed to court but one or both spouses cannot afford a lawyer, they should contact the courthouse administration to see what is available in the form of legal aide. The local bar association may be able to name attorneys willing to provide representation either pro bono or at a reduced rate.

Should Divorcing Couples Retain Lawyers? ?

Since divorce can have long range effects, spouses should always hire attorneys. This is even true in mediation where no lawyers are present in the sessions. Having a consulting attorney that can be called to discuss matters is critical to prudent decision making. It is also important to have an attorney review the divorce agreement before it is submitted to the court. Once a judge approves a settlement, both spouses must abide by it. Forgoing legal counsel to save money could easily turn out to be a costly decision.

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