What If My Spouse Doesn’t Have a Divorce Lawyer?
Going through a divorce can be challenging, especially when only one spouse is represented by a lawyer. Whether you have an attorney and your spouse doesn’t or vice versa, it’s important to understand how this imbalance can affect the process and what steps you should take to protect your rights.
Can My Spouse Proceed Without a Lawyer?
Yes, your spouse has the legal right to represent themselves in a divorce case. This is called acting “pro se,” and it’s relatively common in uncontested divorces or when one party wants to save on legal fees. However, going without legal advice can lead to problems if your spouse:
- Doesn’t understand their legal rights
- Misses deadlines or files incorrect paperwork
- Agrees to unfair terms without realizing it
Should I Be Concerned If I Have a Lawyer and My Spouse Doesn’t?
If you’re represented and your spouse isn’t, you must be especially careful to avoid any appearance of coercion or unfair advantage. Courts scrutinize these cases to ensure that:
- Both parties fully understand the agreement
- The unrepresented spouse isn’t being taken advantage of
- The settlement is fair and lawful
Judges may ask your spouse additional questions to confirm they understand the legal implications of what they’re signing.
Can I Use My Lawyer for Both of Us?
No, a divorce lawyer cannot represent both parties—even if the divorce is amicable. This would be a conflict of interest. However, your spouse can:
- Hire their own lawyer
- Use a mediator or legal aid service
- Proceed without legal representation, at their own risk
If your spouse chooses to represent themselves, make sure they understand that your lawyer is not working for them.
How Does This Affect the Divorce Process?
When one spouse is unrepresented, the process may take longer because:
- The unrepresented party may not understand court procedures
- There may be delays due to incomplete or incorrect paperwork
- Extra court scrutiny is needed to verify the fairness of the agreement
If both parties are cooperative and communicate well, these challenges can be minimized. But in contentious cases, the lack of legal representation can lead to complications.
Should I Encourage My Spouse to Get Legal Advice?
Yes. Encouraging your spouse to seek at least some legal advice is usually in everyone’s best interest. This helps ensure:
- A fair agreement
- A smoother process
- Less chance of future disputes or appeals
If cost is an issue, they can explore affordable options such as:
- Legal aid services
- Flat-fee consultations
- Online legal clinics or document services
Protecting Yourself Legally
Even if your spouse doesn’t have a lawyer, you should protect your own rights by:
- Ensuring all agreements are in writing
- Having your lawyer draft or review settlement documents
- Keeping a record of communications and decisions
- Letting the court know your spouse is unrepresented
Judges take fairness seriously, so showing that you’ve acted transparently can work in your favor.
Final Thoughts
If your spouse doesn’t have a divorce lawyer, it doesn’t mean you can’t move forward—but you’ll need to be extra cautious. A one-sided legal representation can complicate the process, especially if your spouse misunderstands their rights or feels pressured. Encourage them to get legal advice, and always make sure your actions are fair, documented, and in line with state laws. This not only protects your spouse but also ensures your divorce is legally sound and enforceable.
