What is at Risk in a Pro Se Divorce?
In Colorado, as many as 50 percent of people who go through divorce represent themselves (known as pro se divorce). In some cases one of the parties has a lawyer while the other doesn't, and in some cases neither party is represented. In either case, you could be buying yourself more problems by trying to get your divorce done cheaply.
If you are representing yourself in a divorce action, it's important to understand some of the issues that could trigger the need for an attorney's help. At the law firm of Buchholz, McDowell & Norman, our lawyers offer consultations so you can have a lawyer review your case and give you some direction. Then, if you discover you need additional help further along the way, our lawyers will be here to help you. It is up to you whether you want to retain us to represent you throughout the divorce, or just consult with us when you feel you need to.
Will You Need a Lawyer's Help?
There are two types of issues that come up in divorce: parenting issues and money issues. Here are some examples of what can go wrong if you don't receive a lawyer's help:
- Marital debts: Many couples have more debts than assets. It simply doesn't occur to many people that they may still be responsible for a spouse's credit card bills or a home mortgage after an ex stops making payments. You may be divorcing your spouse, but you are not divorcing the credit card company.
- Separate property: Many people know that separate property (assets owned prior to marriage or received as a gift or inheritance during marriage) do not have to be divided in divorce. However, any increase in value of separate property during the marriage is marital property and should be divided. If you don't understand the law, your spouse could take advantage of you financially.
- Relocation: Suppose your spouse has residential custody of your children and decides to relocate with the kids? Rather than a 10-minute drive to visit your kids, you could end with a two-hour drive — or a plane ride. You should think about issues such as relocation when you draft your parenting plan because issues such as relocation can be hard to deal with later.
- Modification of child support: Suppose you were laid off and unable to pay child support for a period of time. Rather that seeking a lawyer's help to change the child support order, one Colorado man talked the situation over with his former wife and received (he thought) verbal permission to stop making payments while he was unemployed. Now he is working again, but his ex is asking for $30,000 in back child support payments that he thought were forgiven.
Schedule a Free Attorney Consultation
To discuss your divorce case with a lawyer at Buchholz, McDowell & Norman, call 303-449-1202 or fill out the contact form on this site. We serve clients in the Denver-Boulder area.
