If you are considering divorce, you are likely wondering whether you need an attorney, or whether you can handle the process yourself. Representing yourself in a legal matter is commonly referred to as proceeding “pro se” (the Latin phrase: “For Oneself”).

For many individuals or couples, representing yourself may be a reasonable option. However, it is critical to weigh the potential considerations, benefits, and drawbacks before deciding how best to proceed.

The Advantages of Representing Yourself

The most obvious benefit of being self-represented is cost savings. Attorney fees can be a significant expense, particularly when a divorce becomes contested. If you and your spouse have a relatively simple financial situation, no children, and are able to reach an agreement on all issues, you may decide that handling the process yourselves makes sense.

Representing yourself can also give you more direct control over the process. Rather than communicating through attorneys, you and your spouse can work directly toward an agreement and make decisions about your divorce yourselves.

The Disadvantages of Going Pro Se

Divorce involves more than simply completing forms and submitting them to the court. When you represent yourself, you are responsible for understanding the applicable rules and deadlines, and more importantly, for ensuring that the final documents that are entered by the court properly address your rights and obligations.

This can become particularly complicated when a divorce involves real estate, retirement accounts, investments, businesses, significant assets or debts, taxes, or spousal maintenance (alimony). Parenting plans can also involve much more than simply creating a residential schedule for your children.

One of the biggest risks of representing yourself is not knowing what you do not know. An agreement may appear fair on its face while failing to address an important issue or creating unintended financial or legal consequences down the road.

You Don’t Have to Do Everything Yourself

There are middle grounds to consider between hiring an attorney to represent you throughout your entire divorce and representing yourself completely. Depending on you and your spouse’s circumstances, you may choose to handle some aspects of the process yourself, while consulting with an attorney on specific issues.

For example, an attorney can review a proposed settlement, advise you about property or retirement accounts, help you understand your rights, or review your final documents before you sign them.

There are also options with more minimal attorney involvement and court appearances to consider, such as Mediation or Arbitration. There is also Collaborative Divorce, where the parties engage in the process, they agree to reach agreement outside of court.

Considerations

If you are considering proceeding pro se, take some time to evaluate the complexity of your divorce, the issues involved, and the consequences of the decisions you are being asked to make.

You may not need an attorney for every step of your divorce. But even a consultation can help you identify issues you may not have considered and move forward with a better understanding of what is at stake.

Washington State Specific Tips

The Washington Courts system offers a number of resources for pro se litigants. These include Courthouse Facilitators, who assist with identifying forms necessary to file or respond to a divorce filing, they review drafts of paperwork, assist with scheduling court hearings, and can provide general information on the court process. It is important to note, however, that Courthouse Facilitators are not attorneys and cannot provide you with legal advice.

WashingtonLawHelp.org has a detailed and accessible “Divorce guide” that was prepared by the Northwest Justice Project, and provides a step-by-step guide that can walk self-represented parties through the divorce process, with links to and instructions for filling out forms that are necessary to file with the court.

If you reside in King County, the King County Superior Court has additional resources and guides for those who are seeking divorce that were developed by the King County Family Law Information Center. They provide links to packets addressing Parenting Plans and Child Support with helpful check lists and notes to ensure that forms are filled out correctly, personal service occurs if necessary, and filing fees are paid.

For help determining if pro se representation is an option for you – or for other matters related to divorce and family modifications – the Family Law practice group at Lasher is here to help.