The other day I was in court waiting for my hearing to begin when a pro se couple was called to the bench. It is not that uncommon to see pro se litigants in a family law environment. Usually people seem to go sans divorce lawyer because of the perceived costs of a divorce lawyer. The couple in question seemed to have reached an agreement that they presented to the judge for her signature. The only problem is that their agreement stated that they had no property for the court to divide, but it was clear from their testimony that there was a marital estate worth about $250,000. Needless to say, the judge took the matter under advisement and strongly recommended that they talk to a divorce lawyer.
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brings me to the question of whether or not you really need a divorce lawyer to represent you in your case. The answer is yes and no (I know typical lawyer speak), but the reality is that it depends on the specifics of your divorce. If you truly have been married for about 10 months and there are no children and you live in an apartment you may be comfortable completing your divorce without a divorce lawyer. In a situation such as that when I have represented people, I typically don’t charge that much money as usually you are helping your client by drafting the Divorce Petition, filing the divorce, making sure all of their questions are answered, and helping them avoid any court appearances by filing the appropriate documents and agreements.
What about the case above? I am of the same opinion as the judge that by having a divorce lawyer the parties could have had an appropriate settlement agreement drafted and understood what it was they were doing. A divorce lawyer could have also helped them avoid going to court in the first place because the final agreement would have already been drafted and submitted to the court.
What if You Truly Don’t have the Money for a Divorce Lawyer?
Let’s be clear this question falls into two categories. The first would be truly not having the money and the second category is not wanting to spend the money. For most people if you walk outside and find your car has four flat tires that need to be replaced, most people will find a way to come up with the money to get this taken care of no matter how broke they may think they are. Legal matters, such as divorce, can be much more complicated and have a greater impact on your life than four flat tires, yet, some people choose to not have an a divorce lawyer and typically the answer as to why is the cost. Does that mean it’s a wise decision, probably not, especially, if you are dealing with the possibility of foreclosures, bankruptcy, retirement accounts, custody disputes, etc.
If you are in a situation where you truly cannot afford a divorce lawyer (think no income, unemployed, disabled), there may be some alternatives for you. First, Indiana law allows the possible award of attorney fees if there is a disparity of incomes between the two parties. You may be able to find a divorce lawyer who is willing to work on a smaller retainer (or other payment plan) because he or she recognizes that they may be able to get an attorney fee award from the other party. Another alternative is to seek the assistance of Indiana Legal Services. ILS offers representation to those who cannot truly afford a divorce lawyer. You may also be able to qualify for a pro bono attorney, to do that you should contact your local bar association for more information about pro bono programs in your area.
If you are just cautious about spending the money because you are not sure you need to or want to, contact a couple of divorce lawyers to just get a sense of what you may have to pay. This will also give you an idea of how complex your case may be.
We Agree on Everything Do We Still Need a Divorce Lawyer?
Like the case I cited to in the beginning of this post, even if you have an agreement, the judge may not sign off on the agreement if it is violation of the law or if he or she feels that there is an uneven distribution of assets and liabilities. Also, what is your agreement? Does it cover the possibilities of one person defaulting on debt or the other party filing for Bankruptcy and those creditors pursuing you. What about agreements on retirement accounts? Is it a pension, is the person fully vested, what type of pension is it? Does the plan manager accept QDRO’s? How do you avoid tax liability and tax penalties with the transfer of the fund from one person to another?
By having the right answer to the last question alone you can save more money than what a divorce lawyer would charge you to help you complete this agreement. Dividing the assets and the liabilities of a marriage is not always as easy as one person saying I want this and the other person saying fine, but I want this. There are legal issues that can become really complicated in terms of potential liability down the line and immediately getting to assets.
I Will Just Tell the Judge What I Want Out of My Divorce
Sure, some judges will give a pro se party greater flexibility to just “tell their side of the story.” But, what happens when you have a judge that is a stickler to trial procedure and the Rules of Evidence or the other person is represented and their divorce lawyer starts to object when you try to bring in emails, conversations that you have had with other people, or Facebook Wall Posts; how will you respond? Regardless of what has appeared on television in the last decade most family law courts in Indiana are still very formal (meaning the Rules of Evidence and Trial Procedure still govern) and many counties even have their own set of Local Rules that you must abide by.
Basically, you may never get to tell the judge your side of the story based on how the hearing is run and whether or not you understand what is happening. If it is a situation where there are some serious disputes such as custody, property, parenting time, etc., the divorce lawyer can help you present your case to the court in the best light possible to you. This way the judge will get the relevant information that he or she needs to hear to help decide disputed issues.
Before you consider handling your own divorce give my office a call or send us an email. We work with clients to help them be able to handle the costs associated with divorce in a more manageable way.
The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, and license suspensions; and financial matters such as Bankruptcy and Foreclosure. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.
