Every individual has a right to represent him or herself in a divorce proceeding, just as they have the right to counsel. At first glance, there are several logical reasons why couples may consider proceeding pro se. As you can imagine, the most influential reason is to save money.
However, saving thousands in legal fees can sometimes lead to a tricky process as you attempt to navigate the Court system on your own. If you’re considering representing yourself or both you and your spouse would like to do so, it’s important you understand the process and implications of doing so before moving forward.
Proceeding Pro Se Adds a Layer of Difficulty to Divorce
Without a law degree, understanding divorce procedure and how to draft the appropriate documents can be quite a challenge. This leads some counties, DuPage included, to designate a Judge and Courtroom specifically to pro se divorces. However, the same is not true of all counties.
In many cases, pro se individuals will struggle to efficiently move through the divorce process. This can lead to additional time spent in Court and difficulties reaching an agreement with your spouse and translating that agreement into the appropriate documentation.
More importantly, it may mean that you draft documentation that doesn’t provide for you or your children as part of your divorce. After all, the Illinois Marriage and Dissolution Of Marriage Act is by no means short or straightforward. Unfortunately, this can complicate matters, even for couples with the best intentions.
What if One Spouse Wants an Attorney and the Other Proceeds Pro Se?
With one attorney involved in your divorce case, you can have peace of mind that everything is handled properly. Typically, it’s best that you’re the spouse retaining the attorney because the Naperville divorce lawyer you hire will represent your best interests and not those of your spouse.
Most cases where only one spouse hires an attorney are uncontested. This means that you and your spouse agree on most issues and won’t spend months in Court attempting to settle any lingering problems or reach an Agreement to finalize your divorce. If your case is contentious and both you and your spouse are struggling to agree on how to settle certain problems, it’s best that you both hire attorneys to negotiate on your behalf.
Learn More About the Divorce Process and Benefits of Expert Counsel at Lawrence R. Surinak Ltd.!
With over 35 years of experience, Lawrence R. Surinak Ltd. offers both the professionalism and expertise necessary to settle your divorce case. Our firm has worked with many couples that choose to hire one attorney and work together as well as those who choose to both seek representation.
To learn more about the divorce process or the benefits of having a skilled divorce attorney on your side, contact us at 630-470-9990. You may also request your 30-minute free consultation using our online form.
We look forward to speaking with you and representing your best interests as part of your divorce!