Can You Do It Yourself?
A person who decides to represent himself in a legal action is called a pro se litigant. Deciding whether to appear pro se or hire an attorney can be a difficult decision. Sometimes it is tempting to appear pro se to save the money you will spend hiring an attorney. Do not let this be the deciding factor. Remember that a divorce will impact the things you hold most dear, including the time you spend with your children and the division of your property and assets. The outcome will decidedly impact your future plans.
Before you decide whether you can do it yourself, you should gather information about your state's divorce laws and consult with an attorney. Find a local law library. A law library is a special kind of library that contains only legal resources. Law libraries can be found at most law schools and in some court facilities. To find your nearest law school, look on the Internet or call your local university. To find out if the court has a law library open to the public, call the local county, supreme, superior, or appeals court and ask. The Internet is another great source of information. Just make sure the information you are reading is for your state.
Once you find a law library, go and ask a librarian for a copy of your state's divorce laws. Make sure you obtain the laws of the state where you will file for divorce because laws vary from state to state. These are typically found in a statute or treatise book. In some states, you may have to look at several different books to get a good overview. Start reading. Do you notice anything? You should notice pretty quickly that laws are written in legalese, a form of archaic language that many nonlawyers find confusing.
If that weren't enough to make you nervous, you should know that laws may differ from what's in the statute book because appellate courts have issued decisions changing them. The legislature writes the laws, and the courts interpret them. After a case is tried, one or both of the parties may challenge the trial court's decision by appealing it. The appellate court reviews the trial and the trial judge's decision and then issues a decision that may agree or disagree with the trial court. In the process of agreeing and disagreeing, the appellate court will decide what the law really means. Their decision becomes what is known as case law. Case law provides further interpretation of a law and helps predict how an issue in your case might be settled by a trial judge.
Case law can be jurisdiction-specific depending on which court has decided the case. What this means is that courts in one area of the state may have a slightly different interpretation of a law than courts in a different area of the state. When learning the laws that apply to your case, make sure you are reading cases in your jurisdiction. As you read, write down any questions you have regarding how certain laws may apply to aspects of your own case. Read as much as you can about divorce. Once you have a basic understanding of the law, you should seek legal advice about your case.
While the Internet is always a good source of information, you must be very careful that the information you find applies to your particular jurisdiction. Don't rely on information that has been posted by other people who may have gone through the divorce process in your jurisdiction. Make sure that the information comes from a reliable source!
Why You Need Legal Advice
Even if you have already decided that you want to go it alone, you should spend the money for a consultation with a good divorce lawyer. No amount of research on your part can substitute for an hour with a good divorce lawyer. Not only can a lawyer provide you with information about your case, she can point out pitfalls that you may not have identified in your research. Make this time count and prepare in advance for your consultation. It will help if you prepare a list of the issues you have identified as important before you meet with the attorney. Remember that you are paying for an hour of someone's time to provide the information that you want. Before an attorney will answer any questions, you will have to provide an overview of your situation. Prepare a summary in advance so you can present it as quickly as possible, leaving you time to ask questions that you have formed from your research.
In English, Please
Good lawyers understand the statutes and the case law, or judicial decisions, that modify those statutes. They will read the weekly decisions of the appellate courts and stay up-to-date on all aspects of the law.
A good divorce lawyer will know the divorce law of your state as it applies to you and translate the law into language you can understand. The lawyer will read the history of the marriage you have written and quickly pull out the most legally important facts. He will explain why some facts are legally important and some are not. The lawyer will explain your rights and responsibilities and tell you how the law will affect your divorce.
The Divorce Process
The lawyer will tell you about preparing and serving the summons and complaint and probably ask you how you think your spouse will react. A good divorce lawyer will know whether the papers need to be served right away to protect you, the children, and your assets. The lawyer then will explain the process, from preparing these initial papers to collecting information from your spouse and others. The lawyer will explain how and where settlement negotiations fit into the picture and under what circumstances you may consider going to trial before a judge.
Divorce Behavior
You need to know the rules of divorce behavior. A good divorce lawyer will explain how certain behaviors can help or hurt you during the divorce. The lawyer can give you advice about the wisdom of getting involved with a new person, about losing your temper with your spouse or your children, and about how to behave during a custody evaluation. The lawyer will tell you how judges expect you to act in a courtroom or in a judge's office.
Not Any Lawyer Will Do
Have you noticed the phrase “good divorce lawyer” in this discussion? It's essential that you find a lawyer who really knows divorce law. Most of us wouldn't ask our dermatologist to pull a tooth. Likewise, you don't want a personal injury attorney to handle your divorce. Some lawyers think divorce law is a no-brainer and anyone can do it. That's not the case. Beware the lawyer who does only one or two divorces a year because divorce law changes, and you want a lawyer who keeps up with the changes.
Divorce law is complex and difficult. It requires a lawyer who does this kind of work all the time. Do not hire or consult with a lawyer whose practice is less than 50 percent family law. Also make sure that the lawyer's goals are the same as your goals. This will ensure a shorter and more cost effective relationship with your attorney.
After meeting with a lawyer, you may be rethinking your decision to go it alone. If you have any doubts, err on the side of caution and hire an attorney. If you have children, property, or assets and expect a disagreement with your spouse, you should strongly consider hiring an attorney.
