Maybe you’re thinking about divorce, or maybe you’ve just been served with divorce papers. Either way, you may be wondering whether to hire a divorce attorney. How can you tell if it’s a good idea? After all, lawyers have a reputation for being expensive, and saving money is a real concern during a divorce.
Handling your own divorce can save money. If you have the time, motivation, skills, and knowledge, it may be an option. However, people who do it themselves can end up paying more in the long run.
Do I Have to Hire a Divorce Attorney?
No. In Minnesota, no law requires you to hire a divorce lawyer. So you can represent yourself. We call it “doing it yourself.” The law calls it appearing “pro se” or being “self-represented.”
Keep in mind, though, that Minnesota courts generally hold self-represented people to the same standards as attorneys. In other words, the court will expect you to know and follow court procedures and Minnesota law. Court staff can help with forms and procedures. However, they can’t give legal advice. For example, they can’t tell you what a judge might do or what to say in court.
What Does Self-Representation in a Divorce Look Like?
For example, a self-represented spouse may need to:
- Correctly draft, serve, and file all necessary paperwork with the court and the other spouse
- Appear at one or more court hearings, in person or by video
- Argue the case to a judge following Minnesota’s court rules and procedures
- Research Minnesota case law to understand likely outcomes
- Learn, understand, and apply Minnesota law on child support, spousal maintenance, and property division
- Find and hire neutral professionals and take part in alternative dispute resolution if the spouses can’t agree on everything
- Communicate with the court about scheduling, parent education programs, and alternative dispute resolution
- Hire and follow up with any experts, and share their information with the court and the other spouse
- Keep, organize, redact, and file all the right records and documents
- Work directly with the other spouse to get required documents, such as bank statements
- If the other spouse doesn’t cooperate, bring a motion to compel them to provide the information
- Correctly draft the final divorce decree and file it with the court
Issues to Figure Out
In addition, you may need to resolve issues such as:
- Marital assets: Bank accounts, investment and retirement accounts, real estate, vehicles, and personal property. How will they be divided?
- Marital debt: Mortgages, medical bills, credit cards. How will the debt be divided?
- Children: Who decides where they go to school and how they’re raised? How much time will each parent have? Is child support needed, and if so, how much and who pays?
- Spousal maintenance (alimony): Will either spouse pay maintenance? How much, and for how long?
When Should I Get a Divorce Attorney?
A self-represented spouse is less likely to get everything they’re entitled to. For example, they may not get the custody or parenting time they deserve. They could also end up paying more spousal maintenance than they should, or receiving less.
Those are just a few of the possible consequences. In my experience, when the other spouse had no lawyer, I’ve consistently gotten more for my client than I would have otherwise.
Divorce can be expensive. Court costs, legal fees, and experts can add up quickly. Still, a lot is at stake.
On top of the emotional toll, divorce takes time and disrupts daily life. That’s where a good divorce attorney helps. They can explain the process, guide you through it, and protect your rights along the way.
Situations Which Favor Hiring a Divorce Attorney:
- Your spouse already has a lawyer.
- You worry your spouse may try to manipulate or bully you.
- You doubt your spouse will be honest during or after the divorce.
- Either spouse has had chemical dependency or mental health issues.
- There are significant marital assets, such as retirement accounts or a home.
- There are significant marital debts, such as credit cards or student loans.
- You have minor children. For many people, this is the biggest reason.
- One spouse earns more than the other.
- There has been domestic abuse, or there is an order for protection.
In very simple cases, handling it yourself may be reasonable. However, the more of these situations apply, the more you risk without an attorney.
A list of pros and cons may help you decide. In addition, the Minnesota Judicial Branch’s Self-Help Center describes situations when you may want a lawyer.
Have another divorce or family law question? See our list of topics or the FAQ page.
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