DIY Divorce in Illinois: The Pros and Cons of Filing Pro Se

More and more people today are choosing to take advantage of “DIY” or pro se divorce in Illinois; while this can be the right choice for some, we want to make sure you have a solid understanding of the pros and cons so that you can make the right decision about representation for your divorce.

At Diamond Legal, we have been helping families in McHenry, Lake, and Kane counties navigate divorce and other family law matters for over 40 years. If you’re facing these changes yourself, let us put our experience to work for you.

Although it may seem easier and less expensive to “DIY” your divorce, it’s just not a simple process. Unwinding two lives is complicated, and if the process isn’t done right the first time, it can end up costing you a lot of time, money, and stress down the road. We don’t want to see this happen to you – that’s why we offer a number of options for couples facing this transition.

What Is a “DIY” or Pro Se Divorce?

In Illinois, couples have the option of hiring legal representation or filing the paperwork themselves and going through the divorce process on their own. Because divorce litigation can get expensive, some couples choose to go the “DIY” or pro se route.

A pro se divorce simply means that one or both parties choose to represent themselves throughout the divorce. The process is the same, but the person choosing this route forgoes hiring an attorney and becomes responsible for all of the paperwork, filing of forms, and appearances.

Pros and Cons of Filing Pro Se

When someone is considering filing pro se for their divorce, the most common reason is money. Not hiring an attorney will cost you less on the front end. However, it can cost you far more money down the road; we have had clients come to us after a pro se divorce ended poorly, and it took months to years (and far more money than they ever expected) to unwind the errors. 

For many of these people, hiring an attorney up front would have ended up costing them less than choosing to do everything themselves.

Potential Pros:

• Lower legal fees on the front end: not paying a legal retainer can cost you less money up front.
• Control over the process: if you and your spouse agree on everything and are willing to discuss all the details of your divorce agreement, being able to work them out yourself can be a positive.
• Simplicity: Divorce doesn’t have to be a long, drawn out process. In some cases it is, but being able to keep it simple can be a benefit for some people.
• Flexibility: Some people enjoy being able to handle their case at their own pace, without having to deal with multiple other parties.

Potential Cons of Filing Pro Se:

• Lack of legal knowledge: As we stated above, divorce is never a simple process (even uncontested cases). There are a lot of details to work through, and not hammering out the details up front can cause some major legal headaches (and major legal fees) down the road. 
• Emotional stress: Even the “simplest” of divorces comes with emotional stress; you’re not just filling out paperwork, you’re separating the details of two lives. Trying to handle that process without professional help is a lot to handle. At Diamond Legal, we are intentional about coaching you through what to expect and are happy to refer you to other area professionals you might need.
• Potential for mistakes: Knowing the right questions to ask and the right details to check can make a huge difference in your divorce, both in the near future and in the years to come. Something that might seem like a small concession now can have unforeseen circumstances – and not having the tough discussions up front (or someone to negotiate on your behalf) can cost you dearly.
• Complexity of your case: While all divorces are somewhat complex, some are simply more complex than others. If you have a contested case (one that involves litigation and negotiation), we strongly recommend that you hire an attorney. However, if you have children, a business, or higher value assets, you will also find that hiring an experienced attorney is well worth the cost. Knowing that your divorce is being handled by someone who has your best interests in mind and will fight to protect your family and assets will bring you the peace of mind you need.

At Diamond Legal, we offer several different levels of legal representation, from giving advice and reviewing your paperwork to handling every detail of your case. Give us a call to learn more about what we can do for you!

When Should I Consider Hiring an Attorney?

This is a great question, but it might be easier to start with, “when might a DIY divorce be suitable?”

If you and your spouse agree on all terms, you have no children, and you have limited assets (i.e., you have been married only a short time and really don’t have any marital assets to split), DIY (pro se) divorce might be a good option for you. (We still recommend talking with an attorney to make sure you’re seeing the whole picture – we can often schedule a consult within 1-2 business days.)

As for when you should consider hiring an attorney, we recommend it in every other case. The simple truth is, we don’t want you to go through the months or years of trying to unwind a pro se divorce that was not done correctly.

• If you have been married long enough to have built marital assets that will need to be divided
• If you have minor children and will need to work out the details of a co-parenting agreement and parental responsibilities
• If spousal maintenance (alimony) and/or child support may enter into the conversation
• If child custody is contested
• If you and your spouse disagree on things like asset division, who gets the house, who will take the pets, and similar matters
• If you have a business that you want to protect from being split up in the divorce
• If you know this will be a stressful time and you will benefit from having an attorney who will coach you through each step of the process

Keep in mind, these are a sampling of the issues that an experienced family law attorney can help you with. They are not the only reasons to hire a legal team, but they are among the most common.

What If I Can’t Afford Full Representation?

Some people consider their options and have time to save up before approaching an attorney; for others, though, the need may be more immediate or unexpected. This is why we offer flat fee packages for uncontested divorce (so you know up front what the cost will be) and Limited Scope representation (so you can get started with legal advice at a much lower cost).

At Diamond Legal, we customize your legal representation to your needs. It all starts with a free consultation, and we’ll always be up front about our strategy, the timeline, and your costs. If you’re ready to work with a team that puts you first, give us a call today!

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.