No one likes to pay for things they don’t need, and many people feel like they don’t need a lawyer to help them with divorce. They don’t realize how an attorney can protect their financial interests and save them considerable money and headaches in the long run. Some personality types, such as those with narcissistic personality traits, believe they know more than a lawyer and wouldn’t listen to one anyway.
Regardless of the reason, if your spouse doesn’t want an attorney, what does that mean for you? The good news is that it does not prevent you from seeking legal advice and hiring the best possible legal representation to guide you through the complexities of the divorce. It also does not mean that you have to share an attorney. But there are some implications and issues to deal with if your spouse is going through the divorce process without a lawyer. Based on our 300+ years of collective experience, here’s what you may need to expect when your spouse doesn’t have a lawyer during a California divorce.
The Divorce Process is Likely to Take Longer
In the early stages of divorce in California, parties need to file official paperwork and comply with official deadlines. If your spouse is not working with a dedicated divorce attorney, it may take time for them to understand the requirements and comply with them. Reading legal documents can seem like trying to read a foreign language to those who are not used to the terminology and legal meaning attached to each phrase.
In addition to figuring out how to respond to petitions, your spouse will also be required to provide certain information and this process is also usually delayed when someone is working without professional legal guidance.
Mistakes and Repeated Efforts are More Likely
Someone trying to rebuild the transmission on their car by following along with a free online video is probably not going to get the job done correctly the first time through. There will be mistakes, and the need to undo and redo steps, possibly many times over.
Taking a DIY approach to a California divorce can be just as painful. Without an attorney, your soon-to-be-former spouse may not understand the implication of choices. They may spend quite a bit of time vacillating, make a choice, and then want to change it a week later. They may agree to terms and then get conflicting legal advice from another free online video and decide the terms will no longer work. They may reject perfectly reasonable terms based on advice from a friend or colleague or even something they read in an online forum. Without a solid source of authority, spouses who are meandering through the divorce process often make repeated mistakes or treat and reasonable action as if it was a mistake.
Your Attorney Works Only for You
Even if you wanted to let your spouse ask your attorney for advice, your attorney would not be allowed ethically to give them any advice. Your attorney is focused on representing your interests and getting you the best terms for your divorce, and it would be a conflict of interest for them to give any advice to the other party to the case.
If you hired an attorney to serve as a mediator rather than as your personal legal counsel, then the attorney would be neutral, but still not able to provide legal advice.
Court Appearances Can Be Embarrassing and Frustrating
The judges who handle divorce cases have a tremendous workload to get through and they have no time to waste on those who are ignorant of proper procedures. When you work with a lawyer, your lawyer will have presented the judge with all the necessary information about the background of the case, narrowing down the issues to the critical points so the judge knows what to focus on. Your attorney will explain what to expect, and your legal counsel will speak briefly and effectively on your behalf to move the case along.
Your spouse, on the other hand, probably will not have presented their side of the issues succinctly in writing for the judge to prepare. They will probably not understand what information is irrelevant, and they may waste the judge’s time with excuses or useless explanations. You may feel the need to answer some of the ridiculous assertions of your spouse, and it can be difficult to keep silent. Rest assured that if your spouse says anything that is relevant that requires an answer, your attorney will make that answer. Otherwise, your spouse is probably just making the judge frustrated.
Holstrom, Block & Parke, Works to Keep the Divorce on Track Even if Your Spouse Does Not Have an Attorney
The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC have such a broad range of experience that we have encountered almost every conceivable condition that could impact a California divorce. We know how to keep the process on track when the other spouse is trying to represent their own interests during the divorce process. We work to insulate you from frustration and minimize any negative impacts. Schedule a confidential consultation with our team today to learn more about the ways we can protect you in divorce.
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