A Pro Se divorce occurs when a person decides to represent his or herself in court during a divorce. The Pro Se party prepares and files all the legal forms necessary for the divorce. He or she also fulfills the duties in the courtroom that normally would be done by an attorney.
Should I File a Pro Se Divorce?
There are a few reasons why people choose to file for divorce Pro Se. The most common is to save money by avoiding hiring an attorney. Representing yourself may be an option, especially if you are divorcing following a short marriage that does not involve children or any property—so long as the divorce is uncontested.
An uncontested divorce is where both parties have agreed up front on the distribution of debt and property, alimony, spousal and child support, child custody and visitation, and any other issues. If you get along with your spouse well enough to agree upon those terms, a Pro Se divorce may be right for you. You will have to fill out the proper paperwork with your local judicial circuit to get everything finalized. Before filing your paperwork, it is still a good idea to have everything reviewed by an attorney.
Disadvantages of a Pro Se Divorce
There are many valid reasons to avoid a Pro Se divorce and hire an experienced attorney. If you have strong emotions towards your spouse and/or the divorce itself, having an attorney to represent you can be advantageous. In the courtroom, you will be face to face with the opposing party and will need to act appropriately. Having a professional and experienced attorney on your side lessens the potential for conflict in the courtroom.
Additionally, you may want to hire an attorney if your divorce is contested as opposed to uncontested. This is especially true if children are involved. While saving money may sound tempting, the final orders put in place by the judge are not easily overturned. When it comes to your children, child support, and your custody and visitation rights, carefully consider hiring expert legal help. An attorney will also guide you through the distribution of shared property, assets, and debts, and help you determine what alimony you may be entitled to.
Divorce Lawyers in Statesboro, Swainsboro, & Springfield, GA
Hall & Navarro handles hundreds of divorce cases a year of all types: uncontested, contested, with children and without. We guide our clients through many difficult situations and work relentlessly to attain the best possible outcome. If you are considering divorce from your spouse and have concerns, contact us today to schedule a consultation.
