Marital unions are intensely personal affairs. However, once couples decide to divorce, the whole issue turns an intricately legal activity. Right from filling up the form for petitioning a divorce every step works according to legal procedures. This legal aspect of the divorce process appears intimidating to many.
Quite a few respondents (those who are divorcing the first time) are known to even fear filling up and returning the acknowledgement of service papers to the court. The first thing they do upon receiving the copy of the divorce petition is to rush to their solicitor for advice. Solicitors are extremely expensive. They charge by the hour.
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Benefits of Self-representation
Benefits of self-representation are obvious.
- The money saved on paying the solicitor can be put to use for other productive endeavours. Your children can benefit from your hard earned money.
- Not meeting a divorce lawyer also helps you save time, for some solicitors are known to drag on the case endlessly.
If you need help, you can seek it online. Many websites are brimming with the required information. Many people have handled their own cases quite successfully. However, a word of caution is required at this juncture. Do not get carried away by the success stories of others. Think carefully before you decide to dispense with the service of your solicitor. Make a thorough assessment of your case and decide whether you can handle it all alone. The following guidelines might help you in decision making.
When is Self-representation a Good Idea?
Self-representation is a good idea if:
- You and your husband have earned similar salaries and you have no children or marital property to contest for
- If you have a very good relationship with your spouse and both of you agree fully on child custodial issues, visitation, child support money, etc. However, you do not have marital property and that is not a contentious issue for you.
When is Self-representation Not a Good Idea?
If huge marital property is at stake, solicit the services of a lawyer. They help by proving the marital property was accumulated prior to, or after the marriage, depending upon your requirement. Do not attempt to deal with the case if you suspect that your spouse has not revealed the true value of assets held.
Assess your own skills and analyse whether you can argue well. Do not deal with the case, if the lawyer of your ex spouse is intimidating or rude. Moreover, after the case has started you can get a rough idea of the nature of proceedings. If the judge pointedly asks you to hire a solicitor, then adhere by the judicial wishes.
Another tricky issue is arguing for child custodial rights. Ex spouse’s criminal record or kidnapping of the children are issues that only solicitors can handle.
Handling your divorce case and learning the nuances of law are difficult. This difficulty is compounded when you are extremely distressed by the divorce proceedings. You should be stable emotionally to handle your own case. Do not seek the advice of others to help you reach a decision.
Make Your Own Decisions
You know that divorce lawyers will do a better job. Your own personal insight and understanding might not prove to be a good substitute for the professional advice and legal arguments of a trained and experienced solicitor. However, the high solicitor fees prove discouraging.
In such a scenario, you can argue your case while seeking limited solicitor help. Solicitors also provide guidance on how to handle the case. They will give you the requisite legal advice and valuable tips and charge accordingly. This might help you, but remember that in many a court case, only one of the marital partners hires a solicitor. The other plans to self-defend his or her case. Consequently, that person ends up with a lesser share of the marital property. It is also possible that if you represent yourself, the amount you lose may be much more than the fee you pay to the solicitor.
