What is a Pro Se Divorce?
For some couples, the decision to divorce may be a mutual, civil agreement free from any type of hostilities or arguments. Since both individuals, in this situation, are not contesting the divorce and appear to be in agreement on the terms of the divorce, they may opt to represent themselves as they work towards dissolving their marriage. This process of self representation in a divorce case without the assistance of an attorney is known as a pro se divorce.
Granted, the decision to represent yourself in a divorce can ultimately save you and your soon-to-be ex-spouse money, but there are many factors that should be considered when making this decision.
When Should You Possibly Consider a Pro Se Divorce?
Most experts generally agree that a pro se divorce should only be considered after taking into consideration of three primary factors.
One, both parties should be in agreement to the divorce. If one spouse either isn’t sure if they want a divorce or are adamant that they do not want a divorce, representing yourself throughout this process may not be the most effective or efficient way to go.
Two, while married, the parties have been able to accumulate assets, property, and debts. Conversations as to how these items should be divided can be extremely complex and can easily lead to conflict and arguments. Before considering a pro se divorce, both parties should be in agreement as to how the assets, properties, and debts will be divided.
Perhaps the most complex item of discussion in any divorce that has the greatest potential to lead to conflict involves issues and decisions regarding children. Simply stated, there are many factors to consider when children are involved – from custody to decisions regarding healthcare and extra-curricular activities the child may take part in. If a divorcing couple has any disagreements regarding these type decisions, taking part in a pro se divorce will most likely not serve either party well.
Potential Pitfalls of a Pro Se Divorce
While it is cheaper to avoid hiring an attorney and proceed with a pro se divorce, there are several very important items that must be considered before electing to handle your own divorce filings.
For starters, all relevant legal paperwork in a pro se divorce case would need to be completed and filed by the individual parties. The gathering, completion, and filing of these documents can very easily consume a substantial amount of time.
In addition, since this may be your first divorce, there may be items to consider in the divorce agreement that you are unaware of. This is especially true when children are involved. For example, failing to identify in the divorce agreement how decisions will be made regarding the healthcare, extra-curricular activity, and even religious upbringing of the kids, to name a few, can cause major issues later on for both parties.
As previously mentioned, the division of finances, assets, and debts can often be a difficult undertaking that frequently ends in arguments between the two parties.
Lastly, since most people are not familiar with many of the divorce forms, such as the divorce agreement, determination of child support, parenting plan, etc., there is a higher likelihood that the final forms that are filed may end up needing to be amended later on due to unintentional errors or omission of key items. The process to correct these errors is frequently time consuming and extremely costly.
A Cost Effective Solution
So you’re probably thinking that, at this point, the recommendation to resolve the above pitfalls will be to hire an attorney. While there is nothing wrong with hiring legal counsel to take a divorce through the official court process, there is another, more cost-effective and efficient option for you – mediation!
Mediation is the process where two parties who are normally in disagreement seek the assistance of a third neutral party, called a mediator, to help them work through their items of contention. For pro se divorce cases, this can include helping both parties develop the parenting plan, the determination of child support, division of finances, assets, and/or debts, and other pertinent factors relevant to the divorce.
Since both parties ultimately develop the divorce agreement, there is greater satisfaction and adherence to the final divorce settlement by both parties when compared to a court ordered settlement. In addition, approximately 80% of those who seek mediation are able to reach a suitable agreement. Perhaps more importantly, mediation is less traumatic for both parties and their children when compared to taking a divorce case to court.
Even if you and your soon-to-be ex-spouse are not in disagreement with anything related to the divorce, a skilled mediator can still assist each of you in the process. The following video highlights the benefits of mediation in such situations.
If you and/or your spouse are considering a divorce, the Center for Dispute Resolution is here to assist both of you. We specialize in marital mediation, which is better known as mediation to remain married, pro se divorce, and divorce cases where at least one party is suffering from a terminal or life threatening illness of disability. If you want your divorce to be as stress-free as possible or if you would like to salvage your marriage, contact the Center for Dispute Resolution to find out how we can help. Or feel free to complete the new client form in order to start the process of regaining peace and balance in your life.
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