Pro se: pros and cons

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 Your spouse has come to you and said they want a divorce. Now what? 

Many people are faced with the question of whether they will hire an attorney to navigate the divorce process. A pro se party is an individual who is acting as their own representation, with no outside legal aid. When you are representing yourself, you are responsible for properly filing your own papers, serving those papers, and adhering to the court system properly. Any mistake can result in the court dismissing the case. 

Why Representing Yourself Pro Se Could Be a Mistake

Some argue that representing yourself pro se is the best way to keep your costs down and you can maintain full control of your case. Although it is true that you will be solely responsible for your strategy and all decisions, it is extremely time-consuming. Litigants must do copious research to learn about the process and how to argue their case. It may be cheaper in the short term, but the amount of time and resources it requires for people to represent themselves is not worth it. 

Divorce is considered to be one of the most stressful events someone can experience. A pro se litigant must also bear the responsibility of representing themselves and their children in a divorce. Self-representation can only add to that stress. 

Additionally, pro se litigants may argue outcomes that leave them in a worse position than they would have been had they had an attorney. One way this could happen is that the other party’s attorney may take advantage of you. Their job is to argue on behalf of their client, and your ex will have positions with which you do not agree. Your ex’s attorney cannot give you any legal advice, and you may get taken advantage of without knowing it. Furthermore, you may leave money and other negotiable items on the table. Attorneys are well trained, expert negotiators who know how to leverage the different issues of a case to reach a more favorable outcome. 

Without proper legal knowledge, you may unknowingly agree to lose certain rights that an attorney would now argue for. Legal language is extremely precise and even a single word or placement of a comma can change the meaning of a sentence dramatically. Without a well-trained eye, you may leave yourself in a worse position than you intended, risking an unfair settlement. 

Navigating a Divorce with an Attorney 

Even experienced attorneys retain a lawyer to represent their interests because divorce is a very specific type of law. You need someone who is an expert and knows how to navigate the system. 

You can still maintain control and full decision-making abilities if you have an attorney. They can help you make informed decisions. As previously stated, divorce is an extremely stressful event. It is a highly emotional time, and an attorney can help you see through those emotions. They can help prevent you from losing objectivity when coming to an agreement. Furthermore, having attorneys involved can help lessen the power dynamic between you and your spouse. Legal counsel will advocate for you when negotiating a favorable settlement for both parties. 

Additionally, your case will benefit from using an attorney’s resources and expert knowledge. Attorneys know how to move through the court system and can manage all filings, paperwork served, and courthouse communications. This guidance can make the process much more efficient. They know how to prevent procedural delays and can move much faster than a pro se litigant. 

Divorce impacts every aspect of your life. With such important decisions, it is vital that individuals seek counsel from an attorney, so their interests are protected. There are ways to minimize costs when seeking a divorce, such as using alternative dispute resolution techniques like mediation or going down the collaborate route, rather than litigating your case. Wilson Family Law LLC offers these different options, allowing clients to get divorced in a fashion that best caters to their individual needs.