Question:
We have been married for 19 years with a 16-year-old son, but we’d like to get a clean divorce. Can we do a pro se divorce or do we need a lawyer because of potential complications with our child? Also, I understand that nothing happens within the first 90 days after filing. So I’m wondering if I can file the first form and then get a lawyer if later needed down the line? So would a lawyer have to re-file the same papers or can an attorney proceed anytime within the 90-day filing period?
Answer:
I must preface my answer that I do not practice in Connecticut. Each state has different laws governing dissolution of marriage. It is important that you contact a domestic litigation attorney licensed in Connecticut prior to taking any action.
You may always represent yourself as a pro se litigant. However, please proceed with caution because there are Rules of the Court and Rules of Civil Procedure that must be followed and you will not be cut any slack for not adhering to the rules because you are not an attorney. You may file a Complaint on your own if you wish and try to hire an attorney at any point in the process. As far as the 90 days, each jurisdiction has its own rules that litigants must know. If you represent yourself, this would be something that you need know. A great resource on rules of a court is the Clerk of the Court’s office. These people are usually friendly and willing to answer questions.
As far as an attorney having to re-file the Complaint, it depends on whether or not the counsel that you retain is satisfied with the Complaint on file. The Complaint may have to be amended to cover any issues that may have been missed in the original Complaint. All of this depends on the retained counsel and quality of the Complaint that you file.
Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.
