Divorces require time and attention, and can therefore lead
to substantial attorneys fees. Many
parties work out many of the details of settlement on their own and question
the necessity of hiring counsel. After
all, a party is permitted to file and proceed in obtaining a Final Decree of
Divorce pro se, or “for
oneself.” The answer, therefore – much
like the process itself – is not a simple one.
There is not a “one size fits all” solution. Parties dealing with particular issues or
living in particular jurisdictions (even within the same general geographic
area) may “need” counsel more than others.
Understand first that simply because both parties agree they
want a divorce, a matter is not rendered “uncontested.” If the parties disagree on any of the issues that the Court must
determine in a divorce proceeding (e.g., property distribution, spousal or
child support, child custody/visitation) then the case is not uncontested. Even if parties are only arguing over whether
Mr. or Mrs. gets to keep the engagement ring, the divorce is not uncontested. What also occurs quite often is that parties
agree on all of these matters, but one party will not actually sign a settlement agreement or Final
Decree of Divorce setting forth the agreed upon terms. This too is not an uncontested divorce.
Where matters are
truly uncontested (involving parties who have settled all matters and
have done so in writing), the filing party may nonetheless be living in a
jurisdiction with stringent requirements for the content of Final Decrees
or other complex procedures or docketing
practices that render it preferable,
even if not necessary, to have counsel handle finalizing the divorce. Finally, in certain cases, there may be
unique complicating factors, such as a need to serve one’s spouse out of state
or by publication. So, although every
jurisdiction in Northern Virginia provides a pro se divorce package containing the tools needed to complete
most, simple, uncontested divorces.
Whether those tools can be used in your
case is another question:
If one’s case is fully uncontested -- meaning that there
are no disputes regarding the existence of “no-fault” grounds for the divorce
(i.e., six months’ separation with written settlement agreement and no
children, one year separation otherwise); property distribution (i.e., everyone
is satisfied with who is taking/keeping what); child custody & visitation;
child support or spousal support, or no such issues exist (no children, no
marital property) -- pro se might be
the way to go. In either case, the
Plaintiff would indicate in his/her Complaint
for Divorce the status (e.g., there are no issues of equitable
distribution, custody or support, or the parties have signed an agreement
settling them all) and if agreed, the opposing party would “admit” (i.e.,
concede, agree with) that allegation in his/her responsive pleading OR waive
the right to file a responsive pleading altogether. If in fact some or all of those have been
resolved, rather than do not exist, one must be sure that all agreed upon terms
regarding children, support and/or property distribution have been reduced to
writing in a settlement or separation agreement, or at least into the Final
Decree to be submitted to the Court, before you ask the Court to finalize a
divorce. Courts will not simply divorce
parties with children, for example, without addressing custody, visitation and
support in the Final Decree, even if merely by reference to a written
agreement.
BOTTOM LINE: If you’re
going to go it alone, do it carefully, and it’s still a good idea to sit down
for a brief consultation with a RRBMDK family law attorney to make sure that
your case is ripe for filing, that you’ve addressed all potential issues with
your spouse, that your ducks are in a row as far as filings and service, and
that there don’t appear to be any complicating factors related to your case or
unique to your jurisdiction.
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