Legal Question in Family Law in Idaho
Can I file without a lawyer?
My daughter and her husband are getting a divorce. They have four children. He has the idea that as long as they agree on the division of property and the cusstody of the children they can get the forms and file without involving attornys. Is there any way that this is possible?
2 Answers from Attorneys
Re: Can I file without a lawyer?
It's certainly possible to do so, but I strongly advise against it. I can't tell you how many ex's come back to me to fix the fiascos they created by trying to do a divorce by themselves.
The forms are usually accurate but the instructions that come with the forms are woefully inadequate to advise both sides of their rights and the consequences of doing what the instructions tell them to do. I give a half hour free consultation in my office if you call 208-345-3817 for an appointment. It won't cost you to get a professional evaluation of her case and how she should proceed.
Re: Can I file without a lawyer?
It's possible and the forms and directions are available through at your county courthouse through the Court Assistance Office. However, with children and property involved this approach is usuallly a very, very bad idea. Arranging for a settlement that is fair to the parties usually requires substantial knowledge of the law as to the parties rights and responsibilities. It is also possible that they can be setting themselves up for future conflicts over the children. If the husband insists on filing without a lawyer, this does not mean your daughter needs to sign the petition aggreeing to his terms, nor does it mean that she cannot be represented by an attorney. Many attorneys provide a free or low cost initial consultation.