Going through a divorce is never easy. Hiring a lawyer is often preferred since they understand all the legal processes. However, sometimes, people handle cases independently without legal representation to minimize the cost of a divorce, which is a terrible move.
The legal term for representing your interests in a divorce is “pro se,” which means “for oneself” or “on behalf of themselves.” This process comes with challenges, from dividing assets to custody cases involving children. Keep reading to understand your potential issues when handling a divorce alone.
Complex Legal Processes
Divorce involves several steps, which can become complicated without proper knowledge. First, you need to understand how to file for divorce in your jurisdiction or state. Every state has different laws regarding the grounds for divorce and the waiting periods. Failing to meet these requirements might delay the case or even result in its dismissal.
Also, the paperwork around divorce can be complicated. You will need to file a petition for divorce and fill out various forms about your financial and personal situation. Therefore, understand and stick to the local court rules and deadlines.
How to Divide Assets and Debts
Marital assets and debts can be very complicated when it comes to a divorce. In many instances, couples share properties, savings, and debts they collected during their marriage. Some states follow an equitable distribution, dividing all assets fairly, but this doesn’t mean equally.
Arizona, Nevada, Texas, Idaho, and California use community property laws, requiring dividing all assets acquired during the marriage 50/50. Depending on your state, you must determine which assets fall under marital property and which are separate. For example, a house inherited before marriage might remain undivided.
Another risk you should be aware of is hidden assets. Sometimes, a spouse may try to hide their assets during a divorce. Without a lawyer, identifying these assets may be impossible, leaving one disadvantaged.
Child Custody and Support Issues
The process can be more complicated when negotiating child custody without a lawyer since both parents may have strong feelings about what is best for the children. Start by understanding the different child custody arrangement options in your state. Familiarize yourself with the meaning of legal and physical custody.
Also, determine whether you will share custody (joint custody) or if one parent will have primary custody and the other visitation rights. If your spouse disagrees, the court has to step in and make the final decision with the child’s interest in mind. In terms of child support, every state has a different way of calculating the amount based on:
- Parents’ income
- Needs of the child
- Time a child spends with each parent
Even after agreeing on an amount, sometimes one parent may refuse to pay the child support, and enforcing the order can be long and complicated. To negotiate fair and reasonable child custody and support, you must understand family law and your child’s best interests.
Alimony or Spousal Support
In some divorce cases, one spouse may receive spousal support, also known as alimony. It helps them maintain the standard of living they were accustomed to during the marriage.
States vary in how they approach alimony. Some consider a spouse’s ability to support themselves, while others use a fixed formula. Negotiating alimony without legal help has a risk of getting low payments or high amounts that can strain the other person.
Conclusion
Handling a divorce without a lawyer may seem simple, but it requires a proper understanding of the law and all legal requirements. Without legal expertise, it is easy to overlook important details that could harm your case.
