The answer to whether or not you should handle your own case is not a cut and dry, one-size fits all answer that you might have been hoping for.
While some people have been able to successfully handle their own divorce because their cases have been simple, many people have not been successful in doing this because their divorces are nowhere near what can be described as, “simple”. And as almost anyone who is going through a divorce can tell you, even the simplest divorces are not really simple.
If you you and your ex are in the rare category of agreeing on division of property, custody and support; and you are confident that you have complete information about your family’s assets and debts; you may be a candidate to handle your own divorce. An unfortunate reality though is that many people who enter into a do it yourself (DIY) divorce thinking that they and their soon to be ex can see eye to eye and that they both want to be as fair as possible to one another, find out too late that they were wrong to think this. DYI divorces when people do not have children and few assets, debts, and owned property together, tend to have a bit higher success than when a divorcing couple does have these things.
Do you have the time to handle your own divorce case?
If you are in the rare situation of having the kind of divorce that can be handled by someone who is not trained in divorce law, other factors to take into consideration before you move forth solo are, do you have the time and temperament it takes to be successful in handling your own divorce?
If you have the luxury of time and the resources you need to allow you to be successful in handling your own divorce case, there is a good chance that your divorce case is more complicated than what is recommended for a DIY divorce. If you do not have a job of any sort to attend to, including but not limited to, raising children and/or managing a household, or a job that is paid by an employer, you may truly have the time to do this but then, the next question to ask is, do you have the temperament to handle your own divorce case?
Do you have the temperament to handle your own divorce case?
If you truly have a very simple divorce and you really do have the time and resources needed to undertake this complicated task, another question to ask yourself is, do you have the temperament to handle all that goes along with handling a divorce case on your own? As implied earlier, even the simplest and most amicable divorces can become contentious and unfair at a moment’s notice. If this happens to you, how do you think you will handle it? Filing for a divorce and keeping up with all of the deadlines and paperwork doing this requires can be overwhelming. Not everyone is capable of understanding the language and terms a court uses to discuss a divorce case. Are you prepared to deal with these things on your own?
Who should you call for legal advice about your divorce?
A good place to seek legal advice about whether or not you should try to handle a divorce case on your own is from a divorce lawyer who is licensed to practice in the state where your divorce is taking place. This may help you to make more informed decisions about whether or not you should try to handle your own divorce case.
For a free case consultation and evaluation from a highly rated divorce lawyer, contact the compassionate team at the Law Education Center, any time of the day or night, any day of the year.