You have the right to represent yourself in court, and many people choose this option to keep from paying legal fees. However, the legal system is extremely complex and it usually takes someone with significant experience to win a case in court. Even in relatively simple matters like an uncontested divorce in Fairhope, AL, it’s always best to work with an attorney who is familiar with similar situations.
Preparing for the Process
Before filing a lawsuit, be sure you’re ready to go through with it, with the understanding that it may take months or years to be resolved. Not only can this be a huge financial burden, it can interfere with your life as you rearrange your schedule to fit in court appearances, depositions, and other appointments. You may have to take time off work, and you might have to miss important family events. A lawsuit can also be emotionally and mentally exhausting on everyone involved as you face endless questions and accusations from the other party, as well as close scrutiny in court.
Make sure you have a good chance at winning your case before you file a lawsuit. As soon as you start to consider filing a lawsuit, begin documenting as much as possible. Proof may include witness statements, doctors' reports, photographs, and other evidence. If you don't have enough proof to back up your claim, you will put yourself through a lot of stress and legal fees for no reason. Talk to an attorney to see if you have a case. If you don’t have a lot of evidence to support your position, your lawyer may be able to suggest other steps to resolve your dispute.
Weighing Pros and Cons
While there can be benefits to filing a lawsuit, there are reasons you may want to consider not filing and seeking an alternate resolution instead. For example, drawn-out divorce lawsuits can be extremely difficult on children, especially if there is lingering resentment between both parents. Or you may want to consider if the money you’re suing for is really worth the hassle of going to court. Make sure your lawsuit is in the best interests of you and your family before filing.
Most lawsuits are settled out of court, not decided by a judge. There are many benefits to settling out of court, and you should see if it’s possible for you before filing a lawsuit. Reaching an agreement on your own is much less expensive than going to court. It’s also resolved much more quickly instead of dragging your case through the court for months. Settling is also emotionally easier on everyone involved. An uncontested divorce in Fairhope, AL, for example, will be much easier on your children and will be more likely to reach an agreement that’s in their best interests.