Navigating the court system without help is an intimidating prospect. Most people facing criminal charges or a lawsuit know they need the help of an attorney. Divorce is one of the few legal matters that people decide to handle on their own.
Frequently, those concerned about an upcoming divorce and how much it might cost may try to save money by initiating a pro se filing. They may also decide to avoid hiring a lawyer to keep the conflict levels as low as possible.
Instead of partnering with an attorney, they manage the entire process on their own behalf. There are many potential roadblocks and pitfalls that can impact pro de divorce filings. For example, the following challenges might complicate a divorce that someone tries to manage without legal representation.
Issues with rules and paperwork
One of the most obvious challenges for those handling a divorce without an attorney is their lack of familiarity with the Texas legal system. They might fill out the wrong paperwork or make mistakes when filing documents with the courts. Those mistakes can delay the divorce process and potentially put one spouse at a significant disadvantage for the duration of the proceedings.
Unnecessary concessions
People who agree to proceed with a divorce without representation may make too many compromises out of a desire to keep the peace. For example, someone unfamiliar with the Texas community law statute may insist on dividing their assets exactly in half even though that arrangement might not be fair given marital circumstances. Having an attorney doesn’t just mean having someone to handle paperwork. It also means having an advocate who pushes for the best outcome and educates about an individual’s rights throughout the divorce. They can identify if the terms sought by a spouse are inappropriate and unfair.
A spouse hiring a lawyer
Another common issue that arises partway into a pro se divorce is one spouse deciding to hire an attorney. They do so to gain an advantage during the divorce process. Someone representing themselves may have a hard time remaining calm and managing negotiations when their spouse has an attorney representing them.
The mistakes that people may make in a pro se divorce case can lead to long-term struggles and unnecessarily unfavorable divorce terms. Hiring a lawyer as early as possible in the divorce process is often the best choice. Those who have someone educating them and advocating for them generally have less to worry about as their Texas divorce process evolves.