Do you Need an Attorney?
In Connecticut, you can get a divorce without being represented by an attorney. This is called pro se. Even though you can represent yourself, be aware that sometimes this is not always the wisest route.
You can probably avoid using an attorney when you and your spouse agree on most, if not all, of the major issues. When complications arise, such as custody and property disputes, then an attorney may be essential to assure that your interests are protected.
Also, evaluate you and your spouses personalities. Does your spouse have a tendency to bully or control you? Do you have a tendency to shy away from controversy? If you answered yes to either of those questions, then chances are you should hire an attorney.
If you decide to represent yourself, the State of Connecticut publishes a Do-It-Yourself Guide Book that will walk you through the divorce process, however, these guides do not offer legal advice. You may unintentionally forget to discuss certain issues that will surface years following the divorce. For example, you may forget to address which spouse will claim your child or children on your tax returns. If there are retirement funds or pension plans, you may not fully understand how to value what is to be divided or what needs to be done following the divorce to secure your interest in these funds. You may also not know what steps need to be taken to transfer real estate.
The lay person attempting to resolve their own family law matter, or even being represented by counsel who does not practice extensively in the family law field, risks an outcome that is either inadequate or incomplete, or both. The considerations and consequences of decisions involving property, support, custody, and visitation can be far reaching and complex.
Even if you are concerned that you cannot afford attorney fees, it is wise to have a consultation with an attorney before you decide to represent yourself. Many attorneys do not charge for an initial consultation. From a consultation, you can learn about what rights you have and also determine whether it is possible to represent yourself given the complexity of issues or lack thereof that might arise.
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