Some people consider representing themselves in a contested divorce rather than hiring a lawyer, assuming it will be cheaper. Without knowing the law, a litigant would be wise to get an attorney since it may cost more without one.
The Procedure in a Contested Divorce
The procedure in a contested divorce is difficult for attorneys who do not regularly practice matrimonial law, let alone for people who are not lawyers. Many documents are difficult to complete, and litigants won't know which documents are needed. If one spouse has an attorney, it would be advisable for the other spouse to get an attorney, since the other spouse's attorney does not owe allegiance to anyone other than his client.
Additionally, if child support is involved, a non-custodial parent without an attorney is at a disadvantage because he won’t know whether the child support is fair. Likewise, a custodial parent without an attorney cannot be sure she is getting the correct amount since nobody is looking out for her interests. The judge does not have to advise either party that any terms of the divorce are unfair.
The Problem with Self-Representation in a Contested Divorce
The nature of a contested divorce, even if it is eventually settled, suggests a lack of trust between the parties and means there are some issues that cannot be resolved. Issues such as what to do with the house—whether to sell it, keep it or split the proceeds—are common, as are issues about child support, pension plans, bank accounts, debts, cars and other personal property. Without at attorney, a litigant may be in the dark about how these should be handled.
Additionally, a litigant may be unsure about the next step in his case. He may also not know his rights. The judge does not have to explain procedure or a litigant's rights, and the other party's attorney certainly isn't going to do it. If she does, the attorney may not necessarily be fair since she is looking out for her own client. It is best to have an attorney in a contested case even if the other party does not have one. Divorces usually involve money and children, and divorces are difficult to undo after they are completed.
Even if the other side does not have an attorney, it is advisable to hire an attorney because of the complexity of legal issues and because if anything is done incorrectly, the divorce could take longer.
Seek Legal Advice
Consult an attorney even if you decide not to hire that attorney. Only attorneys can give legal advice and advise you about procedure. In contested divorces, it is wise to hire an attorney, not just to seek legal advice.
