I would feel more comfortable filing for a limited divorce myself. From what I can tell, my spouse won't give me any problems; however, I can't help but feel there's always that small chance he would either be difficult or nonresponsive.
When I say "be difficult", I mean, he may actually go against me having sole physical custody, even though I am the only parent who is always available to the children (as his work hours are long, inconsistent, and unpredictable).
And when I say "nonresponsive", I mean that, once he's given an opportunity to respond, he may not respond at all, which means the court wouldn't have his financial information to go by for child support calculation. All I have is a copy of a pay stub he got in May.
Either way, would it be too late to add an attorney to the case after he is possibly difficult or nonresponsive? Or would the attorney even be necessary at that point? I mean, could the court just go by the information I provide?
I only ask because I have a feeling it would run smoother if I go ahead and start the process on my own, since he would see it as "less threatening" and would probably let it go easily.
The answer is it depends. While I always recommend getting a lawyer in these types of situations, you could certainly start the process without one. All you would need to do is get a copy of the complaint for a limited divorce and file it with the court. After that, you will need to have him served with the paperwork. However, you can always evaluate after that point to see whether you will need an attorney.
Hope that helps a bit. Not sure if I answered your question, but I hope it helps.
I agree with counsel. There are many times where individuals start the process unrepresented and then retain counsel later. There will come a point however, where it may become too late to retain an attorney and/or become more expensive to retain one compared to what the cost could have been if you retained one sooner.
Robin Jean GrayFamily Law AttorneyReading, PANJ licensed ·
You can always start the limited divorce yourself and hire an attorney later, if you feel you need one. It is usually better to use an attorney because the attorney knows the procedures and also knows how to present your arguments to obtain the best result for you.
