Divorce is a very sensitive topic among married couples and many of them are confused with the procedure. Many of them have a common question: can you divorce without a lawyer?
It is no secret that the divorce procedure is complex, and without proper experience, you can only face defeat in the case. But in some scenarios, you can apply for a divorce without lawyers.
In this article, we will talk about those conditions where you can apply for a divorce without lawyers and what you must keep in mind before applying.
5 Cases When You Can Apply For Divorce Without Lawyer:
Yes, it is possible to apply for a divorce without a lawyer but not always. Here are some conditions when you can actually approach it without a lawyer or attorney.
An Uncontested Divorce:
An uncontested divorce is a form of divorce in which both partners agree on all the major issues, such as the division of assets after divorce, custody, parenting issues for couples who have one or multiple children, alimony or spousal support (financial support that usually husband provides wife to maintain existing lifestyle after divorce), etc.
In an uncontested divorce, there is no need for courtroom intervention and legal mediation. The couples individually can work as mediators or representatives as the complexity of the case becomes much less challenging.
Before giving assent to any agreements ensure it is written, comprehensive, and legally enforceable. In case you have no idea how to create agreements, seek help from professional mediators while sketching the agreements and avoiding missing important clauses.
Minimal Properties:
In most cases, the simpler the divorce, the minimum number of properties or resources the couples had. Where little but no property, debts, joint savings, or investments are left, the mediation and divorce process becomes comparatively easier.
When the debts and assets are minimal, there is very little room for legal proceedings or mediation intervention.
Suppose, a couple doesn’t have a home and they live in a rented house, nor do they have credit cards or any loans granted for that couple, then they can easily come to an understanding without the intervention of any third party.
Even in very straightforward cases, it is wiser to cross-check the ownership and value of all assets and debts before giving your assent for divorce.
If you have difficulty understanding the complexity of financial matters, ask for help from a close friend or relative who can help you understand the matter and make a decision.
No Kids:
Having children can complicate the divorce proceedings as the judges prioritize the well-being and welfare of kids related to child custody and alimony. If you don’t have children then the proceedings of divorce can be much easier and you may appeal for it without a lawyer.
Having no children can provide you the option to escape from lengthy discussions relating to children. Topics such as child custody, child maintenance, and visiting schedules can take lots of patience, effort, and stress.
However, even if you have a child and you have already sorted out the children-related issues with your partner by mutual agreement, then you can also decide to go for a divorce without a lawyer.
Short-term Marriage:
In the case of short-term marriages, little but no emotional and financial engagements are involved. Additionally, in most of the short-term marriages, the role of children is absent which makes the divorce proceedings less complicated.
In a short-term marriage, the division of property and assets is almost equal to what they have bought into the marriage. Also, the lesser expectations of spousal support and alimony can dissolve the marriage more easily and amicably.
Before giving any consent about the division of property, ensure there are no hidden charges and obligations in the contract. If there is any kind of hidden agenda present in that contract then the process will be complicated and it will be wiser to have a lawyer for the divorce.
Both Parties Are Wise And Co-operative:
Divorce without a lawyer is best suited when both partners are wise, knowledgeable, and cooperative with each other while dealing with the separation. When both partners are wise about their legal rights and responsibilities, it is difficult to deceive and easier to reach an agreement.
If both parties are mutually cooperative in ending their marriage, it is easier to communicate openly and effectively and find a solution without legal intervention. As both parties are aware of their rights and intentions, it is almost impossible to take advantage of or manipulate the other party. Hence, both parties try to solve the issue without much of the headache of legal proceedings.
In such cases, you may be required to consult a mediator or third party who will help both parties with paperwork, negotiations, and legal procedures without hiring a lawyer. Mediators help in solving small issues amicably while lawyers are important if the divorce proceedings become complicated.
However, these scenarios can make divorce without lawyers possible but it is important to understand the limits. In a perfect world, in the above-written cases, it is completely possible to get a divorce without any legal complications but in reality, the situation can become complicated at any time and you may have to seek help from a lawyer.
Risks and Challenges Associated With Filing For A Divorce Without a Lawyer:
Divorce without a lawyer can save tons of money and effort but if you don’t approach it with proper planning and preparations, then you may have to face long-term financial and emotional backlashes. Here we note down a few risks and challenges associated with divorce without lawyers that can help you understand the severity of the problems:
Missing Important Documents:
Despite the favorable divorce situation, the procedure is very complex. It requires lots of paperwork and crucial details to finalize the divorce. You might face serious consequences if any paperwork or documents are missing during the court proceedings.
In most countries, according to the laws, you have to submit the full list of all assets and debts to calculate the figures of the alimony. Intentionally or accidentally if you fail to provide full details of your assets, may have to face heavy penalties.
According to the Legal Template, 48% of divorce cases are initiated without lawyers either requiring some kind of corrections or refilling due to inappropriate paperwork.
Before you submit your forms and documents to the court, cross-check all the documents and ensure they are aligned with state-provided guidelines and laws.
It is also advised not to play any kind of tricks to hide your assets or income, otherwise, you have to get into heavy trouble.
Unequal Power And Knowledge:
If one of the partners has more knowledge and power about laws and finance, it might give him a thick edge while negotiating. The powerful partner may force or persuade the other partner to sign unfair agreements.
The imbalance of power between partners can result in a heavy impact on the division of assets. The financial dominance of one partner is usually the reason for domestic violence and it often influences the divorce proceedings.
Without a lawyer or any professional advisor, it is easier to deceive the less powerful and less knowledgeable partner into signing a pseudo-luxury divorce contract that may not serve his best possible interest.
Hence, if you feel your partner is financially powerful or knowledgeable about laws, you should hire a lawyer for divorce.
Complicated Division of Assets:
If you have little but no knowledge of finance and accounting, you must hire a lawyer. The division of properties in divorce can be very tricky and complex. Without having proper knowledge of assets and liabilities and their calculation, you might be deceived.
According to surveys, during divorce, couples often mistakes in the accounting of retirement accounts and entertainment expenses. Such mistakes often lead to either penalties or loss of alimony or other benefits.
It is always recommended to consult with a financial advisor before deciding on assets and properties. Despite how good financial awareness you have, still seek advice and help from a proper financial advisor or lawyer.
Child Support and Alimony:
If you have children, then the court will prioritize the well-being of the children. Drafting agreements and preparing documents for child support without professional lawyers can be very challenging.
A poorly drafted child custody plan can miss out on many important details that can result in collapsing the proposal in court. Approximately 35% of the custody agreements that are made without proper legal guidance either failed or were sent for revision by the court.
Every state or country has its specific template regarding child custody agreements, either follow it properly or ask for legal professional’s support. Inadequate agreements will lead to confusion and conflict that will hinder children’s well-being.
Repeated Rejection:
Filling out inappropriate or incorrect paperwork for divorce can increase the chance of delays and rejection. Without any proper legal guidance, any amateur can make several mistakes while filing divorce papers.
It has been found that almost 25-30% of the paperwork done without legal guidance is rejected by the court due to a lack of details and procedural errors. Delays and rejection not only stretch the time and expenses but also enhance emotional distress during sensitive times.
Before submitting your paperwork, carefully read and analyze it multiple times to eliminate all the errors. Also, watch some videos on how to submit paperwork for divorce and ensure it is according to the template defined by the court.
Problems After Divorce:
Sometimes it is easy to get a divorce without proper paperwork and presentations (completely depends on the situation and jurisdiction). However, once disputes arise after the divorce it becomes very difficult for individuals to resolve them by themselves.
Due to inappropriate paperwork, you may get a divorce but later if your ex-partner denies complying with the clauses by showing loopholes, you may have to spend a lot compared to what you could have spent on lawyers before the divorce.
Non-compliance is one of the biggest reasons for conflicts post-divorce and inefficient paperwork is probably the biggest reason for the trouble. In such a situation you may have to hire a good lawyer who may charge a large sum of money to handle the case.
Hence, applying for a divorce without a lawyer may seem to save a lot of money but in reality, it can increase your expenses manyfold post-divorce. It is always advised to hire a professional lawyer while you apply for divorce to ensure the paperwork and post-divorce troubles are hassle-free.
Also Read: 9 Signs Will Indicate You Must Get A Divorce
