Obtaining a divorce isn't as easy you may think. The process generally consists of many legal complications involving property, custody of children, child support, alimony, and other related issues. Getting a divorce lawyer to handle these intricate issues would be the wisest option for both parties.
It is feasible for someone to handle a divorce without the need of a legal representative. Bringing a lawyer into the mix could be stressful, especially if the proceedings go on for a lengthy duration of time. This would cause emotional hardship on both parties, not to mention the strain it would cause on their wallets.
A "Pro Se divorce" (aka a DIY divorce) enables both parties to complete the divorce paperwork on their own. Keep in mind that Pro Se divorce may only be filed based on specific circumstances, and may not be the most practical method for some.
The primary principle to file a Pro Se divorce is that the separation is unopposed by both parties, with regards to property and children. Further, if kids are involved, they should all be of legal age, and shouldn't be present for either party. All investments, including stock, deposits, pension options or retirement, shouldn't be introduced into the case, either. Alimony isn't handled during the proceedings in DIY divorce cases - parties should hire a lawyer for such issues.
It is imperative that both the parties file for the Pro Se divorce, rather than one doing the DIY approach, and the other using an actual attorney. Also keep in mind that people enlisted in the military are unable to file using this method while they are currently serving. A lawyer is mandatory for cases involving military divorce. A history of mental or physical abuse inflicted on one partner by the other, as well as bankruptcy, debt., and the like, are additional concerns that can't be apparent when filing for a Pro Se divorce. Both parties should also be financially healthy upon commencement of the divorce proceedings - one partner should not be dependent on the other.
A big benefit to using this method is the money saved, as lawyer fees are non-existent. However, a big disadvantage is the fact that clients will have to represent themselves in court, without any assistance from an attorney or lawyer. Obtaining documentation inspected by a qualified lawyer would be a smart choice prior to completing the paperwork. The list of documentation to be provided is available on various websites that help with Pro Se divorces, and are fairly easy to find, via a search engine.