Divorce Questions
There are many people who question whether or not to represent themselves in their divorce case, instead of hiring an attorney. In most cases, lawyers would advise against representing oneself, especially when children, maintenance (alimony), and assets are involved. As we know, there are many reasons why some choose to represent themselves. The most commonly heard reasons are related to the cost of a divorce.
Those who represent themselves in court without lawyers are referred to as, “pro se” litigants. According to a quote in USA Today , “while many litigants may forgo an attorney to save money, their decision can end up costing them more if they mishandle their case and have to pay more child support or lose a decision.” “Sometimes, the difference in child-support payments can vary by “hundreds of dollars,” depending on the evidence presented to a judge.”
The Illinois law requires pro se parties to know the rules and laws as if they were an attorney. When a pro se individual does not know or understand the law, rules and processes related to divorce and child custody, the consequences can be devastating to everyone involved – the client, children and the future of the entire family,
Of course, being a divorce lawyer, I am biased. However, I have seen too many cases where one or both spouses did not have an attorney and the divorce decree agreed upon had flaws. The issues that arise from those poorly worded divorce agreements can result in additional court proceedings years later that end up costing more in fees than what was saved at the time the divorce was finalized.
As previously stated, I believe that in most cases the parties should be cautioned against representing themselves. There is too much at stake and too much to lose, not only financially but emotionally as well. An experienced family law attorney, who knows all the intricacies of the court processes and the law, is essential in achieving the best possible outcomes for their clients and families. As I tell my clients, my job is to help them make smart decisions during difficult, challenging and emotional times.
If you are contemplating a divorce, and deciding between hiring an attorney or being a pro se litigant, feel free to contact me so that we can discuss your case. We can explore if it is in your best interests to represent yourself in your divorce case or to hire a family law attorney. My initial consultations are free of charge.
Michael C. Craven is a Chicagoland divorce lawyer and a partner with the law firm Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) Michael also holds a Master of Tax Laws (LLM) and is a CPA.
