Why To Avoid A Pro Se / Do It Yourself Divorce

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Every American has the right to represent themselves in court, whether it’s for criminal, civil, or family law matters. Though few would consider doing so in a serious criminal trial, many divorcing couples often wonder if they should pursue their divorce on their own.

If you’re considering a do-it-yourself (DIY) divorce, or filing pro se, be aware that there are many disadvantages and risks that could harm your case. You may end up sacrificing important legal rights.

Required Court Procedures, Pleadings & Forms

A significant part of a family or divorce attorney’s job is to know which documents need to be filed, where they need to be filed, and when they need to be filed. Most of these processes are governed by strict court rules and state statutes. After every motion is filed or a hearing is scheduled, the court will set deadlines for responses or other pleadings. Missing a deadline could result in losing your hearing or having your case dismissed.

Additionally, all documents submitted to the court must follow specific formats. Each judge may have their preferences, and counties can have slightly different procedures for drafting and submitting paperwork. By hiring an attorney, you save time and energy, ensuring that the correct forms and documents are filed properly.

What About Seriously Simple Divorces?

In some cases, filing a divorce pro se may be feasible. For instance, a young couple divorcing after a short marriage without children or shared property could likely handle their divorce themselves.

Courthouses typically have a clerk’s office where forms can be filed, and many counties offer clinics or programs to assist pro se filers. However, even with these resources, the same risks remain. Missing a deadline, filing the wrong form, or failing to ask critical questions can lead to severe, permanent consequences.

Child Custody & Child Support

If you have children, it’s almost never advisable to attempt a divorce on your own. With children, there will likely be child support obligations, and arrangements must be made for visitation, custody (both legal and physical), health insurance, and other necessities.

Calculating child support accurately can be challenging, even with full access to financial information. Without an attorney, it may be difficult to investigate your spouse’s finances and create a fair and accurate child support plan. You may also be unaware of certain assets that could be discovered with the help of an attorney.

Finally, remember that any marital settlement or divorce decree is final and permanent. It’s extremely difficult to modify the terms of a settlement or divorce after it’s court-ordered. To get things right the first time, you should hire a family law attorney rather than representing yourself. An experienced attorney can make the difference between a divorce that leaves you satisfied and one that leaves you feeling bitter and trapped.

Conclusion

If you’re considering divorce or currently going through one, you deserve the help of a caring professional who knows the law and will fight for your rights and desired outcome.

The DiPietro Family Law Group has teams of experienced family lawyers in Northern Virginia, Maryland, and Washington, DC. Contact us to schedule a consultation today at (888) 530-4374.

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