Do-it-yourself, or pro se, divorce has never been easier or more accessible than it is right now.
Thanks to the internet, it’s possible to download all the necessary forms, follow step-by-step guides, and end your marriage with little to no fuss. But just because you can, doesn’t always mean you should.
When is DIY divorce the right choice, and when is pro se not the best fit?
What Is Pro Se Divorce?
The technical name for a person who represents themselves in divorce or other legal matters is “pro se.” Like many legal terms, this one comes from a Latin phrase that means “for oneself.”
There are many reasons to adopt this strategy. For simplicity’s sake, to save money, to be involved in every last decision, and more. Still, there’s a lot to consider before choosing this path.
You need to determine if a DIY approach represents your best option. It’s also important to consider the potential risks of pro se divorce. Bottom line, you need to consider whether or not it’s the right choice for you and your situation.
In-Depth Reading: Breaking Down The Steps To Divorce In California – Including Links To Forms
When Is DIY Divorce the Best Choice?
There are situations where a pro se divorce may be the perfect fit. Essentially, the fewer complications you encounter, the easier it is to pursue this path.
In simple cases with no children and little or no shared property to divide, the process can go relatively smoothly. You download, fill out, and submit the forms, pay the fees, sign the appropriate documents, wait the legally specified time, and get on with your life.
Even in more complicated marriages, you can go the DIY route.
It’s still possible to divide assets, determine spousal support, and even agree on custody arrangements without the assistance of an attorney.
Related Reading: Mediation vs. Arbitration
When Pro Se Divorce Isn’t the Best Option
As stated above, pro se divorce works best in simple situations.
But when it comes to ending a marriage, things often become twisted in short order. Marriage is the process of combining two lives. The longer it lasts, the more entwined they become. Since divorce is the process of untangling two lives, it’s easy to see why a long marriage may slow down and complicate the process.
There’s a lot to consider in longer marriages.
- Depending on the length, you may be entitled to part of your spouse’s retirement benefits.
- When you own cars, a home, or other valuable assets, figuring out who gets what takes time.
- So does splitting debts or figuring out what to do about home loans or shared credit card balances.
- Depending on the circumstances, spousal support may be ordered.
- When you have kids, there’s custody, visitation, and child support to consider.
- Where do the children live, and who pays for college?
- You have to account for all of these variables and many others.
Does Your Spouse Have a Divorce Lawyer?
If your spouse has a divorce lawyer, you may also want to reconsider the DIY approach. Going up against an experienced professional puts you at a significant disadvantage. Your spouse’s attorney may even fear a judge throwing out a settlement because it skews too far in favor of their client.
Related Reading: How Long Does Divorce Take In California?
Risks of DIY Divorce
While DIY divorce offers certain potential benefits—namely, cost and time savings—it also carries risks.
Divorce is tricky, and legal inexperience causes problems. If you don’t know what to look for, you may agree to an unfavorable custody split.
It’s possible to leave valuable assets on the table, settle on an unfair division of property, or even wind up burdened with additional debt you didn’t expect.
It’s hard to know what to look for if you’ve never been through this before. Even paperwork can cost you time and money if a judge throws out your agreement due to improperly filled-out forms.
Related Reading: If I File For Divorce First, Do I Have An Advantage?
Do you need a Divorce Attorney?
Ultimately, this is a question you have to answer for yourself. DIY divorce or representing yourself is a risk-reward scenario. You have to weigh the pros and cons and decide what’s best for you and right for your case.
A pro se approach may seem like a great idea, and depending on the circumstances, it may be a good match. It can streamline the process and cut down expenses. But it may also cause more trouble than you anticipate.
Realistically assess your situation and make the right call. It may still be in your best interest to consult a divorce lawyer. Someone who has been through this will be able to review your case and tell you whether it’s a fit.
Even if you go the DIY route, you may want to have an attorney or paralegal review your paperwork. In either case, a one-time consultation is cheaper than other options and may still save you in the long run.
Related Reading: How To Get Divorced In California
