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DIY Divorce Isn't A Good Idea

Posted by Rachel Small on Fri, 02/15/2008 - 1:00pm
In the electronic age and the era of "do-it-yourself" mania, a cottage industry for handling your own divorce has developed. Representing yourself, or acting pro se, in a divorce case may be a real blunder for most people. There are pros and cons of when or if to retain an attorney for separation and divorce.

In do-it-yourself divorce you may be at a disadvantage because:

1. You will not understand how the divorce judge makes his/her decisions.
2. Judges are bound by guidelines and precedence of other cases that you know about without a lawyer to guide you.
3. The court will not come to your aid, or help you put on your case. If you don't understand, you're on your own.
4. If your spouse retains an attorney, they will know how to work the system because they have years of practice.
5. Cross examination of witnesses is important, and you may not be effective in challenging testimony.
6. You may unintentionally show your emotions in the courtroom which could antagonize the judge who doesn't consider issues based upon emotions.
7. If there are children, property, pensions, or investments involved, you need an attorney to broker a financial agreement. Custody, support, visitation, alimony, and property division are best worked out by an attorney acting as your advocate.

Going pro se doesn't usually save money because thorny matters may protract the case. Saving a few thousand dollars and promptly losing your half of the house is not exactly a cost savings.

A lawyer may not be necessary in a marriage of less than 10 years with no children, real estate, personal property, alimony or support involved, and when the divorce is uncontested and no-fault. Electronic forms are abundantly available. If you go this route it is best to seek legal advice from an attorney who you do not retain but who makes the procedure understandable.

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