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Are you considering handling your own divorce pro se?

4/7/2023

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While handling your own Utah divorce can be a cost-effective option for many people, it's important to be aware of the potential challenges and pitfalls you may face when navigating the legal system on your own.
One of the biggest mistakes people make with their pro se (or DIY) divorce is failing to fully understand the legal requirements and procedures involved in the divorce process. Without the guidance of an experienced attorney, it can be easy to overlook important details or make critical mistakes that can have significant long-term consequences. Consider the following common mistakes Utah pro se parties make:  
  • Failing to file the right form at the right time, resulting in the dismissal of your case.
  • Failing to fully consider complexities of child custody, support, or property division that results in an unworkable settlement.
  • Overlooking or missing certain deadlines in litigation. 
  • Not fully understanding the implications of a divorce settlement, resulting in long-term financial implications for both parties.
  • Not making an exit strategy or plan.
  • Not getting any legal advice.
Divorce laws and procedures can be complex and confusing, and it's easy to make mistakes or overlook important details when you're not familiar with the legal system. This can lead to delays in the divorce process, additional expenses, and even greater legal problems down the line. At a minimum, everyone going through the Utah divorce process should get a  legal evaluation from an attorney offering unbundled legal services. At a minimum! But getting reasonably-priced legal services that support you on your pro se path has historically been difficult. Traditional law firms aren't likely to offer any assistance until their exhorbitant retainer fee is paid in full. 

Fortunately, there are steps you can take to insulate and protect yourself from the stress, unwanted delays, and confusion that can happen when you handle your own divorce, pro se. Not only that, but there is accessible, professional legal help available for those specifically handling their own divorce, pro se. Introducing Divorce Like a Pro!

Divorce Like a Pro is a self-paced, on-demand workshop that walks you through the process of preparing and negotiating your own divorce, DIY--but with the guidance of an experienced divorce lawyer. 

We show you how to handle your divorce in a way that leaves litigation as a last resort. We’ll show you how to avoid the adversarial process while saving it as a last resort, should it become necessary. Fortunately for those desiring a non-litigation divorce, well over ninety percent (90%+) of all divorce cases in Utah are ultimately resolved through some sort of negotiated settlement, or agreement.

Divorce Like a Pro will help you understand the complexities of child support in Utah, alimony or spousal support in Utah, property division, and more, so that you don’t overlook any issues or create an agreement that could be rejected by the district court judge. 

Use our alimony calculator to help you determine your exposure for support payments. Use our property division calculator to determine your baseline (what a fair settlement would look like for you) or to compare settlement proposals. Use our property sorting exercise and video tutorials to help you understand what property is subject to equitable division in Utah. Then talk to a lawyer to clarify your understanding and get answers.

Find out how retirement is divided and how to receive a division of a retirement account after divorce. Then, get legal advice. Talk to an experienced divorce lawyer and clear up any questions or get clarity about your issues so that you can be on the right track to efficiently and successfully complete the process.

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First complete the client interviews in Module 2 of Divorce Like a Pro. Then, schedule a video consultation with attorney Jennifer L. Neeley. The first legal appointment with Jennifer will be a legal evaluation. Hear what Jennifer has to say about how the law may apply to your particular case facts and circumstances. You’ll have the opportunity to ask questions and get legal advice during this first consultation. 

From there, in any future consultations, Jennifer can help you with your self-prepared documents. She can give you advice about directly negotiating with your spouse, such as if you don’t quite have a full agreement yet. She can represent you in a mediation session. Or, if you choose to upgrade to our Done-For-You legal package, we can also prepare and electronically file your negotiated divorce for you. Finally, if you prefer to have full-scope style representation (similar to traditional attorney representation but without the adversarial courts), Jennifer can also represent you in a Collaborative divorce process.

Divorce Like a Pro offers a legal education every divorcing Utahn should get, while making quality unbundled legal services available at a fraction of the cost of traditional lawyers. 

While handling your own divorce pro se can be a challenging but rewarding experience, it is important to be aware of the potential challenges you may face, particularly when it comes to understanding the legal complexities and technicalities of the Utah divorce process. By taking the time to educate yourself and seek out support resources–such as unbundled attorneys--you can navigate the divorce process successfully and achieve the best possible outcome for yourself and your family.

Check out Divorce Like a Pro to learn more. 
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