November 15, 2021
My Ex Doesn’t Want To Use a Divorce Lawyer
Written by Erb Legal LLC
In any case, your choice to exercise your right to legal representation is yours alone. Even if your ex forgoes the help of a lawyer, that doesn’t mean you have to. However, you still may have questions on what happens if your ex chooses this option and how it might impact your case.
Should I Still Hire a Divorce Attorney?
Most of the time, divorcing spouses each hire a lawyer to represent them individually. However, if your spouse opts out of legal help, that doesn’t mean you should. This decision could help protect your rights, finances, and future.
You and Your Ex Won’t Agree on Everything
Even if you and your spouse agree with most of the complex issues like property division and debt, it’s unlikely that you will agree on everything.
Take alimony or spousal support as an example. Your attorney can draft a separation agreement that works for you. The same is true for child custody. It can be unproductive for you to argue with your ex on these matters. Let a divorce attorney speak on your behalf.
How Does My Ex Forgoing Legal Help Impact Me?
If your ex chooses not to hire a lawyer, it could impact you both positively and negatively.
Pros of Your Ex Not Having an Attorney
When your ex chooses to represent themselves “pro se,” which means “on one’s own behalf,” they will be responsible for all aspects of their case. This includes appropriately filing documents, ensuring those documents meet deadlines, and speaking for themselves in court. If your spouse fails to make deadlines and poorly represents themselves in court, you could expect a favorable outcome.
Cons of Your Ex Not Having an Attorney
On the other hand, this could cause some issues for you as well. When your ex misses deadlines and improperly files documents, the process could drag out longer than expected.
Additionally, your spouse will be unprepared for court and not have any idea of what to expect. This can be frustrating to deal with and slow down the process further. The longer the process goes on, the more time and expense are added to your situation.
Can We Use the Same Divorce Lawyer?
It is unethical for one lawyer to represent both spouses. Opposing parties in a divorce potentially cause a conflict of interest for the divorce lawyer. Besides, you deserve to have an attorney focused solely on your best interests.
Reasons Your Ex Might Not Use an Attorney
There are many reasons why your ex may not take advantage of legal help. These include:
- They can’t afford an attorney
- They are confident in their ability to represent themselves and handle divorce filings
- They believe both parties are cooperative enough to resolve legal issues without an attorney
Whatever the reason, not hiring an attorney will make both you and your ex’s divorce proceedings more painful than they need to be.
Benefits of a Divorce Lawyer
When you work with a divorce lawyer, you have someone who can handle stressful situations on your behalf and can further benefit you in many ways, including:
- Negotiating with your ex and their attorney if they choose to hire one
- Drafting a fair separation agreement that will pass the scrutiny of a court and achieve an equitable division of property
- Attending hearings and conferences on your behalf so that you don’t have to miss work or find childcare
Call Erb Legal Today
Don’t make divorce more painful than it already is. A divorce lawyer protects your rights and ensures a much smoother process.