You have the right to represent yourself in legal matters, including divorce. But is this the right choice for you and your case?

2. Pro se is a Latin term that means “for oneself.” In a legal sense, this is when
a person chooses to represent him or herself in court instead of hiring an
attorney. This is your right and your choice to make. A litigant can take this
path in any type of legal case, but it’s especially common in divorce.

3. It’s easier than ever to handle a divorce on your own thanks to online resources and do-it-
yourself guides. You can download the forms, fill them out with your soon-to-be-former
spouse, pay any relevant fees, file the paperwork in the proper places, and be done.

4. Though this is more accessible than ever, a pro se divorce does come with
its own set of positives and negatives.

5. The biggest advantage to a pro se divorce is obviously the cost. Attorneys are not cheap. If
you utilize a kit or an online guide, the cost drops from a potentially astronomical sum to
possibly nothing more than the few hundred dollars it costs to file the paperwork. That’s a
tempting proposition and is a big reason why this has become an increasingly popular
strategy.

6. Unless you have prior legal experience, the ideal scenario to serve
as your own counsel is probably going to be in the most
straightforward cases. If you and your spouse can behave
yourselves, work together to dissolve your marriage, and generally
act in an amicable fashion, you can move forward with minimal
friction.

7. This works best in the case of uncontested divorces. If your marriage was short in duration, if
there are no minor children involved, and if there is little or no significant shared property to
divide, pro se may be the way to go. Even in more complicated scenarios, if the two sides can
collaborate and be civil, it’s possible to handle the division of property and
even custody arrangements while representing yourself.

8. While saving money handling your divorce yourself is great, there’s
potential for the situation to head south in short order. If both spouses are
willing and able to work together towards dissolving your marriage, pro se
may be a viable option. It’s possible dealing with each other face to face
instead of through intermediaries may even ease some of the tension. But
problems may arise if you and your spouse can’t act civil towards one
another.

9. It often doesn’t take much for a divorce to become complicated and intense. When it comes to
the division of property, deciding on child custody and visitation, assigning support, and more,
things can get tangled in no time at all, even in uncontested splits. Every step of the process
has potential pitfalls and problems that are easy to fall into if you don’t know what to look for.
This even includes simple things like improper filing and filling out forms incorrectly.

10. If your spouse hires an attorney, you may find yourself at an
additional disadvantage. This situation may be a bit like going one-
on-one with a professional basketball player when you tinker
around in a recreational league a few nights a week. Some lawyers
don’t like going up against pro se litigants for fear of having
a settlement thrown out by a judge for being too skewed in favor of
their client.

11. Depending on your circumstances, going to court and acting as a pro se litigant may be your
best option. There are other avenues to explore and alternatives to going to court that may fit
your case.

12. Mediation: One alternative to going to court is mediation. This is a
process where both sides voluntarily sit down with a neutral third
in order to work out a resolution. Confidential and non-binding,
of rendering a judgment in favor of one party or the other, the
mediator works with both sides to reach an agreement. In this
an outsider with experience can point out areas where there may be
issues, suggest potential solutions to problems, and offer advice.

13. Arbitration: Arbitration falls somewhere between mediation and a full trial on the spectrum. Like
mediation, a neutral third party oversees this process. Unlike mediation, this agent issues a decision on
the case in question. There are two kinds of arbitration, binding and non-binding. The two parties must
agree on one or the other beforehand. Binding arbitration is precisely what it sounds like. When the
arbitrator hands down a ruling, it is final and official. In non-binding arbitration, if one party is
with the result, he or she can appeal by requesting a trial known as a trial de novo. In these cases, if the
appeal fails, the requesting party may have to pay the court costs of the other.

14. Going the pro se route may sound like a great idea for your divorce, and
it may work well in many circumstances. It can be an effective, bare-
bones way to proceed. While there is an upside, you should be aware of
the potential hazards.

15. If you have any questions about your divorce, feel free to contact Goldberg Jones at our
Seattle office and we’ll be happy to discuss your case.

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