DOING YOUR OWN DIVORCE

There is a growing number of people who want to represent themselves in a divorce action (in Washington state a divorce is legally referred to as a dissolution of marriage). Washington law does not require that an attorney represent you during your dissolution proceedings. You do have a fundamental constitutional right to take your own case to court. While unravelling the mysteries of the law and negotiating a fair and equitable settlement without an attorney may save you money and be a very satisfying experience, there are risks.

If you appear as your own attorney (pro se), the courts will hold you to the standards of an attorney. This means that you must comply with all the court's rules and procedures, and that you won't receive any extra advice or assistance from the judge during your hearing. Your decision to appear pro se should be made only after weighing the facts and issues in your own case.

And, the facts and issues can make a divorce complicated. As a rule of thumb: If you have no real property, no children, and you and your spouse are communicating and able to arrive at a fair and equitable solution, you probably can do the divorce process without an attorney. Or, if you and your spouse have been separated for a long time and he/she doesn't care whether you file for divorce, you probably can do the divorce process without an attorney.

If you have children and/or own a home, and you and your spouse are communicating and trying to arrive at a fair and equitable solution, you probably can work through the divorce process together, but you would be wise to at least have an attorney review your documents during the process.

If you and your spouse cannot agree on what is in the best interests of the children and/or you have substantial assets and/or your marriage is of long-standing (fifteen or more years), you should retain the services of an attorney.

For those of you who are devout self-helpers but fall into this last category above, shop around for an attorney who will allow you to play an active role in your divorce.

Whether you go through the procedures by yourself or have an attorney guide you, this book is intended to make the divorcing process less difficult and help equip you to effectively bring your divorce to a successful conclusion.

If you want detailed information on divorce, you should review the Family Law Deskbook, a publication of the Washington State Bar Association and the Washington Lawyers Practice Manual published by the Seattle King County Bar Association's Young Lawyer's Division. These authoritative reference sources are available in most county law libraries.

The divorcing process can be very painful. At a time when your life may seem like it is stuck in quicksand, I hope that this book can help you feel like you are in control again --that you are playing an important role in your future.

Another warning: the author and publisher cannot accept any responsibility for changes in the law or practice of the law that occur after publication.

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Get more information about domestic relations from the Washington State Judiciary.

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