| David
Siegel
Simply stated, to handle your divorce pro se,
is to represent yourself throughout the proceedings without the
assistance of a lawyer. You are, in fact, your own lawyer, representing
yourself.
The expense of divorce is the main reason that
one decides to represent himself, pro se. The cost of a divorce,
including attorney fees, can range from fifteen hundred dollars
for an uncontested case to five figures for a contested case.
Thus, it is no wonder why many people decide to file on their
own without an attorney. This is known as filing Pro Se. A pro
se divorce where both parties are in agreement can be accomplished
without an attorney. However, I would never recommend that someone
files pro se. The process has become more and more specialized
in terms of what documents need to be filed and the rules which
must be complied with in finalizing the case.
Sometimes, but not often, self-representation
is possible. It truly depends upon the issues involved and the
capabilities of the pro se litigant. It has worked in situations
where: Both parties agree; There are no minor children; There
are no issues in dispute; The party can dedicate the time to learn
the process; There is no property to divide;
Importantly, many courts are not amenable to pro
se litigants. The law and procedures must be followed just as
if an attorney were involved. The court cannot make any accommodations
simply because the person is not represented by counsel.
A pro se litigant can hire counsel at anytime
during the proceeding. Thus, a person can do the best he can until
the case is set for trial and then hire counsel to assist at the
trial. The downside is that most attorneys will want a large retainer
if the case is going to trial. A trial can last from days to weeks.
Further, the attorney will have to catch-up and review what has
occurred during the initial phases of the case. Lastly, the attorney
will not have the ability to engage in further discovery or other
fact finding protocols if the pro se litigant had previously waived
the opportunity. For these reasons, it is not recommended that
one represents himself pro se, unless the case is highly uncontested
and no unresolved issues remain between the parties. For contested
cases, it is always recommended that a highly skilled, experienced
attorney, handle the lawyering for the client.
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