Can I Divorce Without a Lawyer?

Sometimes, in the first free consultation, prospective clients ask me if they can get divorce without a lawyer, because they believe their case is very simple.

I explain that, legally, you are allowed to represent yourself, but, unless it is a simplified dissolution of marriage, it is not in your best interest. A real simple divorce, or amicable  divorce,  is when there are no minor children of the marriage, neither spouse needs alimony from the other, there are no assets or liabilities and the spouses are in agreement to everything. Even in a simple divorce, it is difficult for the non-lawyer to know which paperwork to file, where and when. The judges are not allowed to explain the law or the procedures to the non-lawyers. Many times, the attempt results in frustration and having to pay a lawyer to fix technical mistakes or to start over.

But, in most cases, during the breakdown of the marriage, husband and wife are not able to agree to important issues, or they can only agree partially, for example, they agree on shared parental responsibility but not on time-sharing, they agree on that wife needs alimony, but they cannot agree on how much or for how long. When going through divorce, the interests of the spouses are invariably opposite. Most importantly, the emotional involvement of the spouses makes it almost impossible for them to take objective decisions. Finally, the non-lawyer does not have the necessary knowledge of the ever evolving family law, to even know what they are entitled to or not.

When considering divorce, you need an advocate on your side who will work to protect your rights and your interests, who has experience and knows the law that applies to your particular situation. Please call me to schedule, the first free, no-obligation consultation, at (954) 389-3337.

Photo credit: Bill Ohl