A PRO-SE DIVORCE PRIMER
Due in large part to the backlog of divorce filings from the recent pandemic years, especially in jurisdictions with high populations, a boom in divorces is underway as we hit the middle of 2022. The increase is expected to continue for at least the next twelve months. This calendar year, the divorce rate is expected to be at least 44.2% of existing marriages as divorces work their way through the courts. For every six couples who get married this year, over 2.6 are expected to divorce.
Divorces For Pro-Se Litigants
A pro-se divorce is in which litigants represent themselves for the divorce without the use of an attorney. Pro-se litigants are required to submit their papers properly and in a timely manner. Fortunately, in most jurisdictions, filing and following up on the paperwork surrounding your case can be completed online. If you make errors, serve divorce papers late, or file affidavits of service late, the judge may dismiss your case, require you to re-do papers or require you to re-serve the other party or parties again.
Not acquiring a lawyer, especially when the other spouse has gotten a lawyer, can be adverse to the unrepresented spouse and the case than if they had retained a lawyer for themselves. In addition to an increased risk of losing out from the outcome of the divorce (assets, custody, child support, healthcare, and educational commitments), there is a chance that a pro-se litigant will fail to follow a procedural rule which could damage their case.
Whether a Pro-se divorce would work for you depends on the answer to some of the following factors:
1 Are you and your partner able to work together toward completing the “project” of an amicable divorce?
2. Will you and your partner use mediation at any time during the process?
3. How much spousal and or child support do judges typically award in your state?
4. How long said support will remain in place? How will belongings and liabilities be shared to everyone’s satisfaction?
Your partner may change their mind and decide to retain an attorney at any point in the process. They may also decide to take a tough stance after first appearing to want an amicable solution. If so, it is recommended that you do the same to protect your interests. Their attorney will likely attempt to get you to comply with terms you may not have otherwise agreed to had you also been advised by counsel. If you and your partner can agree amicably, you may not need an attorney if you have little to no property, no minor children in the house, and no significant debts. Proceeding pro-se often allows you and your partner to define the terms of your divorce without escalating tensions.
An uncontested divorce is one wherein all of the primary financial matters, which include child support, division of property and other assets and debts, alimony or spousal support, child custody, and visitation, as well as determining how healthcare insurance will be administered are decided between you and your partner. If there are disagreements around any of those issues—and when children are involved, there almost always are—you've got yourself a contested divorce that may end up going to family court. The process for selecting witnesses and which facts to disclose can be challenging unless you are an experienced pro-se litigant who has already been down this road once or twice. You'll want to do considerable research on recent divorce settlements in your state. If acting as your own counsel, you will need to consider the future expenses of everyone involved, and provide documentation.
So, Pro-Se or not Pro-Se?
We say no. While representing yourself in a divorce is a money-saving option—it is simply not your best option. Logical Services always recommends that you seek legal representation from an attorney to review your case and provide guidance to protect the best interests of you and your family members.
Resources:
The NJ Courts site provides supplemental information for pro-se litigants.
Rocket Lawyer and other virtual legal advice sites can provide document templates for your state, instructions, and phone support. Your mileage may vary—be sure to examine various online providers’ offerings and customer reviews before choosing one.
Procedural Guide for Civil Pro Se Litigants - District of New Jersey provides instructions and procedures for filing a civil action in a federal court.
DISCLAIMER:
This site does not offer specific advice about your divorce and, much like acting as your own counsel, is not a substitute for a good attorney. None of our content should be considered legal advice.
