A DIY Divorce Is a Bad Idea!

Today I watched men and women one by one trying to get a District Court Judge to grant them a divorce without the help of a lawyer.

Just prior to this, attorneys put their client’s on the witness stand, asked a few questions and got their clients divorced in just a few minutes.  Attorneys also handled summary judgment motions where the clients did not even appear before the judge but the divorces were granted.  Perhaps as many as 10 divorces done in less than 25 minutes.

And then came the Pro se litigants.  Pro se is a Latin phrase meaning “for oneself.”  When someone represents themselves without a lawyer in court, they are acting pro se.  

These pro se folks were visibly nervous.  When their name was called, the bailiff asked for copies of their divorce judgments and copies of their divorce certificate.  If they did not have them, they were asked to leave.  If they had them, the Judge would review them.  At this point, nearly 4 of 5 were turned away because the paperwork was not in proper form.  One of the gentlemen who sought a divorce protested to the Judge that this was his “second time” trying to get the divorce after having been there a few weeks ago.  After reviewing his paperwork and finding it deficient, this man learned he would have to come again next week for a “third time.”

Another person could not finalize the divorce because the Separation Agreement and Property Settlement that was requested to be incorporated into the Divorce Judgment was not in the file.

In my opinion, the Judge properly handled these pro se folks.  Some of their questions:  If the Separation Agreement is not in the file, can I go ahead and just get divorced without having it incorporated?  Judge:  I know the answer to that but I can’t answer because that would be giving you legal advice.  I suggest you speak with a lawyer.  And that was the right answer from the Judge.  This simple decision to incorporate or not could have significant positive or negative implications for the person seeking the divorce.

But the bigger issue is I saw individuals obtain a divorce who most likely had not filed an action for spousal support or equitable distribution.  And when they thought they had “won” by obtaining that divorce, the truth is that they had lost big because by failing to bring these claims before the entry of the divorce they had forever waived their right to alimony and distribution of marital property (including pensions, military pensions, etc.).

While our Firm has posted information about a DIY Divorce, we strongly recommend you hire a lawyer instead to ensure you preserve your rights.

By hiring an attorney you may save yourself thousands of dollars simply by protecting your rights.  You may also feel less nervous in court, may not even have to take time off from work to show up for court,  and are far less likely to have to show up for court on more than one occasion.