What Happens if You Go to Court Without a Lawyer?

What Happens if You Go to Court Without a Lawyer?

Sure, you can go to court without a lawyer, just like you could do your own root canal. It’s a good idea to go to court yourself only if you know the divorce laws of your state and have enough experience in helping friends and relations out with their divorce, alimony, child custody, child support, and other such family law matters.

But if you do not know divorce laws, and if you decide not to hire a lawyer for your divorce, please know that you will likely mess up your case, and you’ll likely mess up dividing marital property, accurately calculating alimony and child support, creating a parenting plan, deciding on child custody matters and visitation rights, and more.

In simpler terms, if you head to the courts without a lawyer, you are putting your financial, physical, and mental health at great risk. You may save a couple of thousand bucks on legal fees but end up sacrificing extra hundreds of thousands of dollars in property distribution, child support, and alimony – and maybe harm your health in the process.

Then, after you have gotten gamed in the courts – perhaps because the other spouse acted rationally and hired an experienced family law attorney – you may decide to hire a lawyer and pay his fees and hope that he salvages whatever remains of your case.

Working without a family law attorney, in most divorce cases, is a huge risk and a bad idea, and we urge you not to do that.

With that said, there may be cases wherein the conditions are such that you can consider completing your divorce without hiring a lawyer.

Situations that Suggest You Can Skip Hiring a Lawyer (DIY Divorce)

  • Both spouses are on good terms, are transparent with each other, and have mutually decided to divorce.
  • Both spouses are in complete agreement regarding every term of the divorce (alimony, child support, child custody, visitation rights, property distribution, etc.).
  • Both spouses know about the family’s finances and broadly understand divorce laws.
  • Both spouses are likely to remain friends after the divorce.
  • Neither spouse is dependent on the other for financial support.

That said, every divorce can have an element of acrimony and bitterness attached to it and the conditions described above may be present only in the rarest of rare cases. Even if there is a 0.1% doubt that the conditions mentioned above will not be fulfilled, the spouses must consider hiring a lawyer.

Now, here are some situations that strongly demand you hire a divorce attorney:

Situations that Suggest You Must Hire a Lawyer

  • There is some disagreement (no matter how little it may be) regarding the terms of the divorce.
  • One spouse is not in favor of divorce.
  • One spouse has a mental health issue.
  • The marriage was earlier rocked because of substance abuse, misconduct, or domestic violence.
  • Both spouses do not trust each other.
  • The marital issues (child custody, property division, etc.) are complex and need expert legal intervention.
  • One spouse is not aware of the family finances (assets and income).
  • One spouse will be dependent on the other spouse for financial support after the divorce.
  • One spouse has already hired a divorce lawyer.
  • One spouse does not have a broad understanding of how divorce laws work in the state.

If your situation falls somewhere in the middle, then you may have an opinion that you are likely to succeed without hiring a family law attorney. And, as Plato once remarked, “opinion is the medium between knowledge and ignorance.” So, if you are in a 50/50 situation, then too you must consider hiring a divorce attorney.

Finally, remember that while you may try to save on time and money by going in for a DIY divorce, it is a legal matter and therefore needs expert legal opinion and skills.

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About the Author: Marco Brown
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Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

WHAT OUR CLIENTS SAY AND WHY

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Brown Family Law
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I can't say enough good about this group. At the end of the day, Ray Hingson went out of his way to make everything run smooth. Even though the other firm encouraged and allowed them to use character assassination as a tactic, Ray stayed above the fray and made sure things were fair for both parties. If you want integrity and fairness for everyone involved these are your guys.
Response from the owner: Brandon, thank you for the recommendation. Glad Ray was able to help you.
Tarl Johnson was incredible! He was professional, thorough, and explained everything in a way I could easily understand. I left the meeting confident and informed. Highly recommend!!!!
Andrew Christensen was an amazing advocate. He had my best interests in mind, he listened, kept me informed, made time for me, and had all the answers. No detail escaped his notice. He saved me time and money and I felt taken care of. I highly recommend Andrew to anyone.
I would absolutely recommend Brown Family Law. In my situation, I paid the consulting fee and met with an attorney. In this meeting, the attorney was very kind and honest. After going through the details of my concerns, he informed me that it was highly likely that taking my concerns to court would cost more than what I'd see back. He also offered to refund the original consulting fee. I felt heard and trusted the advice he provided and decided to not move forward. I felt so much better after just talking with him even though the outcome wasn't what I wanted. At least I know now and am not constantly wondering. Thank you Brown Family Law for giving me peace of mind and for being so trustworthy.
Response from the owner: Mindy, thank you and glad Clay made you feel heard.
Daniel young was absolutely fantastic to work with and I would highly recommend him.
Response from the owner: Jaiden, glad Daniel was able to help you with your case. Thank you for your recommendation.
Great to work with, thanks for everything
Response from the owner: Aaron, glad we could help.
Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.
Response from the owner: So glad Nathaniel was able to serve you through your divorce.
Best attorney ever. They were so helpful and responsive
Response from the owner: Thank you, Shaun.
Highly recommend working with this group. Professional and communicative.
Response from the owner: Thank you, Rachell.
So grateful for Nathaniel and his paralegal Carren for helping me get thru my divorce, they were so professional, and kept in contact to update me twice weekly. I would highly recommend them.
Response from the owner: Carol, thank you. Glad Nathaniel and Carren helped you.
Anne-Grayson was wonderful to work with very understanding
Response from the owner: Thank you, David.
Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!
Response from the owner: Anthony, thank you for the recomnendation, and we're happy Andrew served you well.
Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel
Response from the owner: Thank you.
Met with Daniel and he was amazing. He answered every single question I had and never made me feel dumb for the questions I was asking. He made things very easy to understand and follow. So grateful! Keep up the great work!
Response from the owner: Kayla, thank you and so glad Daniel was able to answer your questions and help you.
Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.
Response from the owner: Thank you, Mariposa. Glad Carren and Daniel took such good care of you.
Had an excellent experience with the staff here. Sofie and Andy are great to talk to. Nice and they know a lot. You can tell they know how to win.
Response from the owner: Chris, glad we were able to take care of you. Thank you.
Dani is amazing and easy to work with. Would definitely recommend working with her.
Response from the owner: Jacob, thank you.
Dani is amazing! Her communication is awesome.
Response from the owner: Yes, Dani is. Glad she communicated so well with you.
Brown Family Law was a very effective, communicative and hard-working representation in my recent case.They were transparent and responsive to my questions and concerns.Kim, Marco and their team were the best group of attorneys to have in my corner.Hopefully I'll never need a Family Law Attorney again, but if I do, I'll be calling Brown Family Law.
Response from the owner: Kyle, glad we could help. Kim enjoyed helping you with your case.
Daniel has been AMAZING to work with. Goes out of his way to what whatever you need.
Response from the owner: Glad Daniel served you well. Thank you for your recommendation.
Dani is great to work with! She responds quickly and is reliable. She knows her stuff!
Response from the owner: Linzi, thank you for your kind words about Dani. Glad she was able to help you with your case.
They are very efficient and Ray was exceptionally efficient, helpful and caring. I definitely recommend them.
Response from the owner: John, we're glad Ray served you so well. Thank you for your kind words.
Sophie was an amazing person to work with. She helped walk me through many of my concerns I had in a clear and concise manner. She regularly followed and reached out with me, making me feel like not just another number.
Response from the owner: Thank you, and so glad Sophie communicated so well with you.
Ray did an outstanding job. Would highly recommend.
Response from the owner: Michael, glad Ray did such a good job for you.
Had an hour consultation. Answered all the questions I had, explained everything in an understandable way and followed up.
Response from the owner: Glad we were able to help, Ariel.
Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.
Response from the owner: Thank you, Bill.
I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.
Response from the owner: Glad Amy communicated so well with you, James.
Fast and kept me involved. Very professional team.
Response from the owner: Jace, thank you.
This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable
Response from the owner: Thank you very much for your kind words about Dani.
I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!
Response from the owner: Karl, glad Russell served you well.
very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.
Response from the owner: You're welcome, Ryan. And thank you for the kind words.
Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!
Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.
Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.
Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.
I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.
Response from the owner: Thank you, Amber.
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At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.