Legally the answer
is Yes. Everyone has the right to represent themselves without the
need for an attorney. However, in some cases it may be more prudent
to hire an attorney. The following questions will help to identify
cases where hiring an attorney can be beneficial. Is your divorce
Contested or Uncontested? If both spouses agree to divorce as well
as on issues such as division of property and custody of any minor
children, then the divorce is uncontested. If there is a disagreement
on any of the issues, the divorce becomes contested and you may need
the services of an attorney to litigate the issues Can you and your
spouse agree on the division of all property and debts? This may largely
depend on the amount of property or debt that you have. If you have
considerable property, you may need an attorney to make sure you get
your fair share and that all taxes and liabilities are taken into
consideration. On the other hand, if you own nothing more than a car
and some furniture, you and your spouse are more likely to come to
a fair way of sharing the property. Do you have any minor children?
If you have children, can you and your spouse come to a fair and reasonable
agreement regarding child custody, child support and visitation rights?
The issues concurring your children are the most important issues
in a divorce. Even if you and your spouse agree on everything, it
is still advisable to have an attorney review provisions concerning
your children to ensure that you reach a settlement that is fair and
also in the best interest of your children. Are you financially dependent
on your spouse? If you depend on your spouse for financial support,
you may need to hire and attorney to help you negotiate a fair alimony.
Also, an attorney can make thewish to hire and attorney to help you
get a fair settlement. In order for you to represent yourself, you
and your spouse must be able to have mature and logical discussions
regarding all the issues of your marriage so that in the end, each
spouse can get a fair settlement. obligation binding through support
agreements. Are you able to firmly state your wishes to your spouse?
If there is a history of abuse in your marriage, or if you are in
any way intimidated by your spouse, you may
After answering
the above questions, do you still feel comfortable handling your own
divorce? If you said yes, then a do it yourself kit will help guide
you through the process. Should you reach a point where you are no
longer comfortable representing yourself, you can always hire or consult
lawyer. Furthermore, by reading a self-help kit, you will be more
familiar with the proceedings and with your rights even if you do
hire a lawyer.
