Focus on the future, not the fight. Many couples are surprised to learn they can divorce without a contested, attorney-driven court battle. This page explains what a pro se divorce is and why pre-suit divorce mediation works so well for so many families. When you are ready, request a free consultation.
What is a pro se divorce?
When they think of getting divorced, many people picture the traditional, attorney-driven divorce, where each side retains a divorce attorney and begins a highly adversarial process of representing their own best interests. This is not the only way. Unrepresented couples, known as pro se, may also get divorced without having attorneys directly involved. In our divorce mediation process, couples work together to decide what will best support their family moving forward.
What the court must decide
To get divorced, you have to file an action in court, and a judge has to issue an order that dissolves the marriage, divides the couple's marital debts and assets, determines whether any alimony is to be paid and for how long, and provides for parental timesharing (what used to be called custody) and child support, if any. If the two of you have not agreed how to handle these items, the judge will decide for you.
Why pre-suit mediation works better
To make all this happen, you and your spouse can hire attorneys to represent your interests in court, in which case your divorce is very likely treated like a civil lawsuit. We have found that a legal process that treats this major life transition as if it were just another lawsuit inadequately serves many couples. If you file the divorce action first, the court will likely send you to mediation anyway, but by then, especially after difficult and expensive legal proceedings, reaching an amicable resolution can become much harder.
Another path is pre-suit, pro se divorce mediation. Today, many couples recognize that the best way to protect their individual needs, their sanity, and their savings is to mediate before any lawsuit is filed. Many go through this process without attorneys to save money, while some use attorneys and financial experts as consultants. We encourage both spouses to have an attorney or tax professional review the mediated Marital Settlement Agreement before signing. Either way, you can hire us to mediate, prepare the agreement, and help you complete an uncontested divorce.
Curious whether a pro se, mediated divorce could work for you? Get in touch to get started.