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Pro Se: Reasons Why You Should Not Represent Yourself in a Divorce Case

 Posted on December 16, 2015 in Divorce

pro seIn the United States, every individual has the right to work with an attorney. For those who can not afford attorney fees, low-cost and even pro bono attorneys are available to represent their rights and interests in court. Despite the availability of low and no-cost divorce attorneys, some individuals still choose to represent themselves in court. These individuals are known as "pro se" litigants. Although you are certainly within your right to go to court as a pro se litigant, it is not in your best interest to do so. An experienced divorce attorney can explain all of your rights, your legal obligations, and the court processes that you will have to work through to you. Work with a divorce attorney to make the divorce process as smooth as possible.

You Do Not Know What to Say or How to Say It

Obviously, you need to tell the truth when you are under oath. You are under oath in all court hearings, depositions, and documents filed with the court. But when you are under oath, the statements that you make can sometimes be used against you. Your attorney can coach you about the difficult questions you might face and how to answer them without incriminating or misrepresenting yourself.

Attorneys Know the Applicable Laws and Procedures

Unless you have completed law school and also practiced as a divorce attorney, you do not know the laws applicable to your case as well as an attorney does. By working with a divorce attorney, you are allowing him or her to apply his or her knowledge of applicable laws and legal expertise to your case.

In addition to the laws applicable to your case, your divorce will require you to comply with court procedures and deadlines. Your attorney will know these procedures and ensure that you do not violate them.

You Are Emotionally Entangled with Your Divorce

Even in an uncontested divorce, you are too close to the subjects at hand to make decisions that are not clouded by your emotions about the divorce. Allow him or her to comb through the details of your case to advise you about how to proceed with each step of the divorce process, rather than attempting to tackle it on your own.

Your Attorney Can Protect You

If your spouse is hiding assets in an attempt to avoid having them divided by the court, your attorney can bring these assets to the court's attention through the discovery process. Likewise, if your spouse is attempting to paint you as a bad parent or partner in an attempt to receive preferential treatment with a child custody, child support, or spousal maintenance order, your attorney is there to defend your character and prove that your spouse's allegations are wrong.

Divorce Attorneys in Kane County

If you are considering filing for divorce or have already done so and need competent representation for your case, contact our team of experienced Kane County divorce attorneys at Goostree Law Group today to schedule your free legal consultation with our firm.

Source:

https://www.law.cornell.edu/wex/pro_se

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

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