Pro Se Divorce: The Advantages and Disadvantages of Representing Yourself

Pro Se representation is when a person represents themselves in court as compared to hiring a lawyer to represent them. This will include the time from the initial complaint being filed all the way to the final hearing or settlement for divorce. All filing of documents and communication with the court must be done by that person and that person must be timely on all documents required by the court. 

Simply put, there is truly only one “advantage” to representing yourself in court—cost savings. However, there is a tradeoff to any savings from representing yourself. In a perfect world, both spouses agree as to all provisions of the divorce and there is no argument as to any property/debt distribution, alimony, spousal and child support, custody and visitation, and any other issues related to the marriage. In this above described scenario, both parties should be able to get a divorce and be content with the agreement between them without the need of a lawyer. However, as commonly seen, there is at least one issue amongst those areas that the parties disagree on. 

When there is an issue between any of the parties on any of the above factors listed, pro se representation may be hindered.

When there is an issue concerning property/debt distribution, alimony, spousal and child support, custody and visitation, and any other issues related to the marriage, the divorce is considered “contested.” A contested divorce likely requires the expert handling of the divorce by a lawyer to ensure their clients interests are protected and that they are receiving what they want in the divorce. Any time court is involved for any person it can be complicated and knowing the law can go a long way in achieving the best outcome for whomever is obtaining a lawyer. This can include staying on top of all the time requirements in a divorce, communicating with the other spouses attorney, researching and applying the law specific to the case, having readily accessible information concerning the law, and fiercely advocating in the court room without the worry of violating some unknown rule that the pro se litigant may not be aware of.

Not acquiring a lawyer, especially when the other spouse has gotten a lawyer, can be adverse to the unrepresented spouse and the case than if they had retained a lawyer for themselves. Not only is there an increased risk of losing out on some aspect of the divorce (custody, alimony, assets), there is a chance the pro se litigant will violate a court rule that is unknown to them and could hinder their case or even result in contempt of court. 

While representing yourself in a divorce is an option—it is not the best option. It is always recommended to seek legal representation from an attorney to analyze the case and protect your interest.