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Pro Se Divorce

Pro Se Divorce

When spouses decide to divorce, they frequently worry if they genuinely need the services of an attorney. This article is about going through a pro se divorce in Florida.  There are several benefits and drawbacks of doing so. If you and your spouse are prepared to sort things out without contacting the courts, you may always go through mediation. However, if you decide to go to court, you have the choice of hiring an attorney or representing yourself. In the event of mediation, you may wind up missing out on things and having to go through a disputed divorce—the choice of whether or not to engage an attorney should never be taken lightly.

What does Pro Se mean?

A pro se matter is one in which a litigant represents oneself in a court proceeding without the assistance of an attorney. It is essentially self-representation in a court of law. A pro se divorce is when the litigant chooses to represent himself or herself in court from the beginning to the end of the divorce procedure. Pro se litigants are responsible for adequately submitting paperwork, properly serving documents, and completing all divorce filings requird by the state of Florida in order to complete their divorce process. Self representation has both advantages and downsides. Let’s look at some of the top benefits and drawbacks of going through a pro se divorce to give you your options.

Costs are reduced

Filing a divorce pro se saves money. Divorces are expensive, especially when an attorney is involved. Attorneys, like any other type of service provider, charge a fee for their services. If your budget does not permit it, you do not have to worry about hiring an attorney since you may go through the divorce procedure on your own, i.e., pro se. The pro se procedure is far less expensive than hiring an attorney because you only have to pay filing fees, service of process fees, court expenses, and printing and copying of divorce paperwork, which should not be too expensive. The most significant and most obvious advantage for anyone pursuing a pro se divorce in Florida is the cost.

Less tension

Hiring an attorney for a contentious divorce may be a stressful process since it might exaggerate an already strained marital relationship. When one chooses pro se divorce, it is much easier to collaborate with the other spouse, and it is much better when both couples decide to go through the divorce pro se. Because one gets to make decisions collaboratively, communication is kept throughout, and partners may reach agreements on a more amicable basis. A pro se divorce benefits both couples since the conclusion is a total agreement by all parties, which is favorable to all parties concerned.

Disadvantages of Divorce on Your Own


Emotions make it harder to concentrate on legal matters.

Regardless of how you feel at the start of a contested divorce, going through a pro se divorce can also be highly stressful. Divorces in general are tough to navigate, and you should expect to be under a lot of stress even as the process develops. Pressure is likely to cause you to make rash judgments that may have necessitated particular consideration.

Having an attorney on your side may be quite beneficial in preventing problems from arising since they are skilled in their field and are adept at keeping emotional distance, ensuring that you only make sound judgments and accept only favorable conditions. Emotions might cause you to get bad terms in an attempt to end the procedure as soon as feasible.

Paperwork is challenging

The method and language used in a contested divorce may be difficult and complex to cope with, as in any civil litigation that has evolved through ongoing participation with legal specialists. Pro se forms may appear simple to complete. Still, without the proper understanding of the area, you are likely to overlook a point, file incorrect information, or even use the wrong form. Pro se divorce Florida filing and serving of paperwork on an opponent can be a challenging undertaking for someone who is already going through emotional turmoil.

Court processes may be complicated.

Court processes may seem unreasonably convoluted, and not having an attorney to assist you makes things more difficult to handle. If a spouse represents oneself in court, he or she must comprehend both the law and the judicial processes involved in the divorce. Courts will not exempt you because you failed to file the proper forms or made an error in filing the forms. If you intend to file for divorce on your own, you will need to conduct extensive research. If your spouse has an attorney, you’ll be dealing with a professional in the field and if you don’t do your homework, you might end up being the loser in everything.

Mistakes can have long-term repercussions.

Going through a court pro se divorce does not imply that the court will assist you. Divorce frequently involves complicated family issues such as finances and child custody, among other things. A financial mistake is one that pro se litigants are likely to make because they are unfamiliar with tax issues in court.  A pro se litigant may end up incurring additional tax liabilities that can cause problems for years. An unrepresented litigant doesn’t want to be denied custody of his/her child because a point was overlooked or not comprehended that an attorney would have addresssed.

Divorce that is contested

An uncontested divorce is one in which you and your soon-to-be ex-spouse agree to settle all significant issues, such as child support, custody, visitation, and even the division of assets and debts. When outstanding problems that you or your spouse missed arise, you may end up with a contested divorce that may go to trial. Without the necessary experience, you may be forced to deal with some highly unfavorable outcomes.

To summarize

If you’re thinking about divorce and your partner has already hired an attorney, you should consider doing the same. Before proceeding with a pro se divorce, you must understand all of your options. Work with an experienced divorce attorney in Florida to make the most of your divorce.

Copyright © 2021 Ann Goade, Esq. All Rights Reserved