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While the process of getting a divorce can be time-consuming, complicated, and emotional, it is possible to take on the task of carrying out a divorce on your own. Parties who seek to proceed with the process of getting a divorce without a lawyer are known as pro se litigants.

Today, we’re providing an overview of the best steps for a pro se litigant to take when it comes to managing your own divorce.

Consider Whether Your Situation is Appropriate for a DIY Divorce

Individuals in the midst of or seeking a divorce may be considering pro se management of the proceedings because they want to save money on attorneys’ fees. While this is a factor to consider, not all divorces are ripe for pro-se litigants to handle.

Some considerations you should take into account when deciding whether you should approach your divorce alone is whether you and your spouse have a lot of marital property, whether you have children that will need to be considered in the question of custody or child support, and whether alimony (post-marriage support) may be an issue or a concern. One big consideration should be whether your spouse has obtained an attorney; if so, it may be in your best interest to do the same.

Overall, if your divorce is straightforward and generally commonplace, you may be a great candidate for a pro se divorce.

Take Advantage of Free or Low-Cost Assistance

With more and more divorces being handled by pro se litigants, it is likely that your designated family court will have many resources available to litigants seeking divorce without an attorney. For example, court clerks may be able to provide information regarding the correct paperwork required to file a divorce, the timeline of your divorce, and more.

Other resources, such as non-profit organizations, should be taken advantage of if you are a low-income individual seeking assistance in your divorce proceedings. Courts may also have libraries and may be able to direct you to legal aid services if you are unsure or confused about where to start. Do not feel bad about this confusion, as it is important to remember that the legal system is designed for professional lawyers to most efficiently navigate; not pro se litigants.

Know What You Need to File

Each state requires different paperwork to be filed in order to initiate a divorce. This paperwork can vary based not only on the state where the divorce is being filed, but on whether there are children of the divorce and whether there is property to be divided in the divorce.

The Colorado Judicial Branch’s website helps because it provides information regarding which forms need to be filed in which circumstances. If you are filing a divorce on your own and there are no children of the marriage, for example, you will need to complete the case information document (JDF 1000), the petition for divorce (JDF 1101), and the summons (JDF 1102) and file these documents with the court.

Once the paperwork is completed and filed, the other party (your spouse) must be served. Service cannot be done on your own and is typically completed by a marshal at a small fee. After service has been made on the other party, the case management form will provide information on further documents that must be completed and filed with the court which may include (but are not limited to) the Sworn Financial Statement (JDF 1111), Certificate of Compliance (JDF 1104), and a Pretrial Statement (JDF 1129) if you and your spouse do not agree on all of the terms of the divorce.

 Find the Best Way to Stay Organized

While courts may be apprehensive to scold a pro se litigant for missing deadlines or forgetting to file something, a missed deadline can throw your case off of its course or force you to start over again from the very beginning. That being said, those who decide to go forward with divorce as pro se litigants will want to make sure that they are on top of the necessary dates, paperwork, and information needed in order to get the divorce done in the most efficient way possible.

Conclusion

Those who have experienced divorce know the emotional and mental toll that the process can take on everyone involved. While it is possible to get through a divorce on your own, the best way to get through a divorce feeling confident and in-control is by being active in getting the help that you need when you need it.

If you are looking for some advice on how to approach your divorce and are ready to talk to one of our experienced family and divorce law specialists, contact us to learn more.

Photo by Todd Quackenbush on Unsplash