How Your Spouse Not Having an Attorney Affects Your Divorce

 Posted on February 23, 2018 in Divorce

If you are asking yourself whether you need an attorney for your divorce, the answer is “absolutely yes.” Representing yourself in a divorce would require learning complex divorce laws and applying them to your marriage. Divorcees may choose pro se representation in their divorce because:

• They want to avoid the cost of hiring a divorce attorney; and
• They believe the abundance of internet resources can teach them what they need to know.

Having a lawyer when your spouse does not will give you an advantage during your divorce. However, divorcing someone who is representing him or herself can make the process longer and more frustrating:

1. Playing Catch Up: People representing themselves in divorces are on their own to learn how the legal process works. Though they may try, they cannot ask judges or their spouses' attorneys for help. The filing of basic forms may be a struggle that takes longer than it would have with an attorney doing the work.
2. Slow Response: Divorce attorneys representing opposing spouses often must request information from each other. Someone who is not an attorney may be less professional in giving a timely response to requests.
3. Correcting Errors: A person inexperienced in handling divorce cases is liable to make mistakes and miss deadlines. The case will be delayed as the person representing him or herself fixes the errors.
4. Getting Through Negotiations: Filing for a dissolution of marriage can be relatively straightforward compared to the divorce settlement that follows. A settlement must determine how spouses will divide properties and parental responsibilities while adhering to divorce laws. The two sides are likely to disagree with each other on many issues. A spouse without an attorney may not know all of the legal solutions available.
5. Personal Bias: Divorce attorneys can check their clients' emotions when they may interfere with reaching a sensible resolution. A divorcee cannot look at a divorce from a completely impersonal perspective. Thus, a spouse without an attorney may base his or her decisions on emotional satisfaction, instead of logic.

Your Advantage 

A person trying to quickly learn the intricacies of divorce law cannot compete against a divorce lawyer who has years of professional experience with such cases. Unfortunately, dealing with a spouse who is representing him or herself will make the process longer and possibly more expensive. You can take comfort in knowing that having an attorney gives you a clear advantage over your spouse. A Kane County divorce attorney at Goostree Law Group has the knowledge and experience to provide you with high-quality representation. To schedule a free consultation, call 630-584-4800.

Source:

https://www.illinoislegalaid.org/legal-information/getting-divorce