What Does It Mean To Handle Your Divorce Pro Se?

Simply stated, to handle your divorce pro se, is to
represent yourself throughout the proceedings without the
assistance of a lawyer.  You are, in fact, your own lawyer,
representing yourself.

The expense of divorce is the main reason that one decides
to represent himself, pro se.  The cost of a divorce,
including attorney fees, can range from fifteen hundred
dollars for an uncontested case to five figures for a
contested case. Thus, it is no wonder why many people
decide to file on their own without an attorney. This is
known as filing Pro Se. A pro se divorce where both parties
are in agreement can be accomplished without an attorney.
However, I would never recommend that someone files pro se.
The process has become more and more specialized in terms
of what documents need to be filed and the rules which must
be complied with in finalizing the case.

Sometimes, but not often, self-representation is possible.
It truly depends upon the issues involved and the
capabilities of the pro se litigant. It has worked in
situations where: Both parties agree; There are no minor
children; There are no issues in dispute; The party can
dedicate the time to learn the process; There is no
property to divide;

Importantly, many courts are not amenable to pro se
litigants. The law and procedures must be followed just as
if an attorney were involved. The court cannot make any
accommodations simply because the person is not represented
by counsel.

A pro se litigant can hire counsel at anytime during the
proceeding.  Thus, a person can do the best he can until
the case is set for trial and then hire counsel to assist
at the trial.  The downside is that most attorneys will
want a large retainer if the case is going to trial.  A
trial can last from days to weeks.  Further, the attorney
will have to catch-up and review what has occurred during
the initial phases of the case.  Lastly, the attorney will
not have the ability to engage in further discovery or
other fact finding protocols if the pro se litigant had
previously waived the opportunity.  For these reasons, it
is not recommended that one represents himself pro se,
unless the case is highly uncontested and no unresolved
issues remain between the parties.  For contested cases, it
is always recommended that a highly skilled, experienced
attorney, handle the lawyering for the client.


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