Many lawyers, on learning that the defendant plans to appear pro se, will formally (by registered mail) admonish him to retain legal counsel because lawyers do not like facing pro se litigants. When a lawyer faces a pro se litigant, he or she is ever mindful of overreaching. For example, no lawyer wants to reach a marital settlement agreement only to have a court object because it is seen as unconscionable.

One commentator notes that pro se litigation creates a "tension between the court’s desire to protect the ignorant pro se litigant and the need to preserve the integrity of the adversarial system in which the court is the passive adjudicator."

When a party appears as a pro se litigant, he or she must understand that the other spouse’s lawyer cannot and will not assist him or her. No lawyer can represent both spouses in a divorce.

That said, pro se lawyer can cut costs. Uncontested divorces make it is easy for a person to appear pro se, but even with this, it is a good idea to review the work of the divorce with a lawyer. It does not make for savings to have an inexpensive divorce and then have to return to court later to renegotiate a liveable child support agreement. A poorly planned divorce that ends in bankruptcy for one or both partners after it is final can more than offset the savings of a pro se divorce.

Complicated divorces require the services of an attorney at law, if not as an advisor, then as an overseer.

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Your Suggestion

1. A Fool for Client
   Remember the adage, a lawyer who represents himself has a fool for a client. Well, only a fool tries to play lawyer in complicated cases. In complicated litigation, a party needs the benefit of a dispassionate advisor who prevents a client from making foolish decisions.
   Contributed on 7/31/2007 by: DivorceDex.com Staff

   Category: Pro Se Divorce  (Applicable in All States)
2. Limited Scope Representation - Legal Advice for the Self-Represented Party
   For many individuals who have been negatively impacted by the downturn of the economy, self-representation today is not a choice, it is a necessity. Limited Scope Representation(LSR) is an affordable way for individuals to represent themselves while working with an attorney whose experience and guidance insures their rights are protected, they have the information needed to make good choices, and the confidence to navigate through the court system. LSR reduces costs associated with retaining a full-time attorney and removes a lot of the fear and uncertainty associated with not having an attorney to represent them. LSR can include consulting with a party contemplating divorce and basic advice and counsel on all family law related matters enabling them to enter court knowing what to expect, prepared and confident.
   Contributed on 5/14/2009 by: Susan W. WakefieldFairfield, CT[Total Submissions: 1]

   Category: Legal Fees  (Applicable in Connecticut)
3. Other forms of Limited Scope Representation
   Limited Scope Representation is known by many names, including "Unbundled Legal Services," "Discrete Legal Services, " "Legal Coaching" and "a la carte legal services." These services can include preparation of legal documents for the self-representing client. Because the lawyer is not taking on the liability of full-representation, this is a win-win for pro se litigants. Even though the legal services are limited in this context, a lawyer must still be competent in the area of law that they are advising the client in and meet all ethical standards in providing legal services.
   Contributed on 11/28/2009 by: Esplin | WeightProvo, UT[Total Submissions: 1]

   Category: Pro Se Divorce  (Applicable in All States)
4. Divorce by Mediation
   In Florida, couples can participate in the mediation process and obtain a divorce without attorneys (a pro se divorce). A mediator helps the divorcing couples who does not have attorneys settle such issues as child custody, visitation, calculation of child support, alimony, and the division of marital assets, and debts.
   
   Generally, this process requires 2 to 4 sessions with a mediator. Each session is approximately 2 hours long. Other issues including alimony, parenting plans, and child support are also resolved. The mediator assists clients in preparing all the documents necessary to obtain a divorce in court.
   This process does not require either party to pay large retainer fees and many mediators offer a free consultations. Overall, divorce by mediation is a great and inexpensive way to obtain a divorce in Florida.
   Contributed on 5/19/2010 by: Divorce by MediaitonSilver Springs, FL[Total Submissions: 1]

   Category: Divorce Procedure  (Applicable in Florida)

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