Last page edit 09/09/08

Diagnosing Your Divorce Case
If You are Thinking about Representing Yourself, You are not Alone!

Self-representation in divorce is on the rise throughout Maryland, and nationwide.  In Maryland the courts and several nonprofit legal services agencies offer help to do-it-yourselfers, also know as “pro se” (pronounced “pro say”) litigants.

The Women’s Law Center publishes an informative guide on Legal Rights of Marriage & Divorce in Maryland. Disponible en Español.

This section of the Library is a guide to help you decide if you are likely to be successful in representing yourself.  It also offers legal information to help you make good decisions and to be realistic about your divorce case.

Take a few minutes to walk through the following steps and easy to use quizzes.  

If you do decide to do your own divorce, there are a number of programs to help you represent yourself.  No matter which path you choose, see Frequently Asked Questions about divorce for more information about the legal issues and the section on Addressing Your Whole Legal Problem for advice from the court, tips on transportation and other resources.  

If you plan to hire an attorney, the information here will help you to work better with your attorney.  It is your life and your case.  Knowledge about your case will empower you to guide your attorney. (Need help finding a lawyer in Maryland?).  Can my spouse's attorney offer me any help?

Are You and Your Case Right for Self-Representation?

Legally, divorces range from the simple to the very complex. In some cases you may find that the best solution is a combination of do-it-yourself (“pro se”) and expert help from an attorney. Use the following checklists and quizzes to help you decide if you need attorney help with some or all of your divorce.  

There are four key areas you should explore before deciding.

 Step #2 Grounds for Divorce

·      Have you and your spouse been living apart for 12 months or more and agree to be divorced?

·      Have you and your spouse been living apart for 2 years or more (even if you do not agree to be divorced)?

If you answered “yes” to one of the above, you are likely to be a good candidate for self-representation.  Are you unsure?  Take a minute to review “Choosing Divorce Grounds” .

Step #4  Your Skills and Traits  

Divorce is often an emotional experience. Representing yourself can be challenging and may not be for everyone. 

Rate yourself on the skills and traits that lead to success.  

Step #3 Existing Agreements

If you and your spouse have any written agreements about property, support for you or any children, or custody, consider a few questions about existing agreements before representing yourself in your divorce.

Also see notes on pre-nuptial agreements in the marriage section.

Should I sign papers by my spouse's attorney?

Step #5 Property and/or Alimony  

Unlike child-related issues (custody, support, or visitation), you may lose valuable rights by not making a claim for property or alimony now as part of a divorce.  Even if you think you have no assets, take the property quiz.  Also check out the property inventory form.

  q       Property Quiz        

  q       Alimony Quiz 

Source: Maryland Legal Assistance Network (maintained by Maryland State Law Library)                                                            Last Legal Update 09/9/08 (PLL/M.A.J.)
Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

Comments?  

Need help with the legal terms?

Understanding Legal Research