In Connecticut a divorce, there is no requirement that a lawyer represent either spouse.
You may not need a divorce lawyer if:
- There are no children who are issue of the marriage;
- If there are children, the parents agree on a Parenting Plan;
- It is a short marriage;
- Few if any assets;
- There is a prenuptial or postnuptial agreement and both spouses agree that the terms of the agreement will become part the final divorce judgment.
On the other hand, you should consider retaining a lawyer if:
- The other spouse has a lawyer;
- The marriage is longer than 10 years;
- There is a disagreement over custody and visitation;
- There are significant assets including real estate and retirements plans;
- There are “collateral” legal proceedings such as bankruptcy, criminal cases, DCF involvement or immigration issues;
- Inheritance claims;
- The other spouse has mental health or substance abuse issues or there has been domestic violence in the marriage;
- You are unsure as to what the true financial condition of your spouse is including the potential that there are hidden assets;
- You seek to avoid the enforcement of a prenuptial or postnuptial agreement.
- The case is heading to trial.
Other thoughts:
Even in a relatively straightforward case, some spouses prefer to have an attorney prepare and file documents and act as a “buffer.” It reduces stress at a time when emotions typically are running high.
Many judges give self-represented litigants a little latitude on minor violations of court rules and divorce procedure early in the case. However, as the case progresses a spouse acting as his or her own lawyer is held to the same standard as a licensed attorney. This is especially true when appearing for a motion hearing or for trial.