Can Two Spouses Get A Divorce Without Hiring Lawyers?

Unfortunately, the common lawyer answer to this question will apply: “Well, it depends”. Spouses seeking a divorce can, in theory, completely eliminate lawyers from the process. It is possible to find enough information both online and from the courthouse to muddle one’s way through the divorce filing and litigation process.

In practice, however, litigating your divorce case “prose” without an attorney is usually a recipe for disaster. Filing mistakes can happen and unrepresented spouses may miss procedural opportunities. Winning a contested divorce without a lawyer is generally quite difficult, especially when the other spouse has hired legal counsel. As a general rule, anyone who would tell you that it is a good idea to go into a courtroom without a lawyer is either lying to you or does not understand what a lawyer does; however, it is technically possible to seek a divorce without a lawyer. If you want to avoid paying exorbitant legal fees, it is usually smarter to either limit the role of lawyers instead of cutting them out of the process altogether oropt for an “uncontested divorce.” 

Two Types of Divorce and the Importance of Lawyers

In general, there are two types of divorce cases: contested divorces and uncontested divorces. In traditional contested divorce cases, the spouses either disagree that a divorce is appropriate or disagree on the terms of the divorce. For example, a divorce is still considered contested if both spouses agree to file for divorce but disagree on how the marital property should be divided and whether a spouse is owed alimony.

On the other hand, an uncontested divorce is a divorce in which both spouses agree on each and every aspect of the divorce process. While agreeing with a soon-to-be-former-spouse may be too much to ask, spouses getting divorced do so regularly for many different reasons. If your goal is to avoid hiring a divorce lawyer or limiting the role of lawyers, then an uncontested divorce process is the best way to do so.

About Uncontested Divorce and Limiting the Role of Lawyers

Most states allow two spouses to get a quick and painless divorce if they agree on how to resolve the various issues that arise during the divorce process. The spouses seeking an uncontested divorce must generally agree on issues of property division, child support, child custody, visitation, and alimony. Uncontested divorce proceedings also tend to proceed through the court system more quickly than contested cases.

The primary mechanism for couples to file for an uncontested divorce is by filing a written legally binding divorce settlement agreement alongside the divorce lawsuit. Many states, however, provide specific uncontested divorce procedures ranging from allowing joint divorce filings to special summary divorce proceedings.For example, Florida and Illinois are two states that make summary divorce proceedings available to spouses that qualify under each state’s statute.

Uncontested divorce can help spouses limit the role of lawyers in several ways. First, thanks to the availability of divorce forms provided by many state courts, lawyers may not always be needed to help spouses file for divorce. Second, a lawyer’s role could be limited simply to the negotiation or mediation of a divorce settlement agreement, or an attorney could be hired to serve merely in an advisory role to help ensure that the spouse’s divorce paperwork is filed correctly without any fatal errors.

If Your Divorce Is Contested – Basic Tips for Unrepresented Survival

In general, if your divorce will be contested, you should hire a lawyer. There are several important reasons why a spouse might not choose to hire a lawyer, however. The most common reason why spouses do not hire divorce lawyers is due to their cost. If a spouse has assets and property to protect, then hiring a lawyer will almost always pay for itself; however, spouses that have little property and few assets have very little to lose in the divorce process from a financial perspective. Keep in mind, however, that if children are involved in the divorce process, hiring a lawyer may be necessary to keep custody.

If you do decide to represent yourself during the divorce process, you should always treat your lawsuit as though it were a job or a mandatory project. Getting behind on legal deadlines is the single most common way that unrepresented parties lose lawsuits. You also need to be prepared to hit the books and research court procedure. Most cities and courthouses have publicly accessible law libraries that have books explaining legal procedure and divorce law. Avoid the temptation to trust internet every internet spouse, however. If you do plan to use online resources, make sure to take steps to confirm that the information you find is credible and accurate.

Additionally, unrepresented parties should attempt to make strategic compromises that will make the lawsuit less complicated. Your divorce is obviously contested because you and your spouse could not agree on the issues in the divorce process. That said, you should try to compromise where possible, particularly on the important issues of child custody, visitation, and property distribution.

At the end of the day, however, it is never too late to hire a divorce lawyer. If you begin the process unrepresented, you can choose to hire a lawyer at any time to help with your case. While it may take the lawyer time to catch up with the legal proceedings that have already been filed, having legal representation at the end of the legal process is the best way to ensure that your rights are protected and to help you receive a beneficial outcome in court.