Do I have to have an attorney to divorce if my husband has a minor child?

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Do I have to have an attorney to divorce if my husband has a minor child?

My husband and I married 11 months ago, and “separated” approximately 7 months ago. We never lived in the same city during our marriage. He has sole custody of an 11-year-old. I did not adopt this child and never had any authority regarding her. We never shared expenses, lived together, had any community property and engaged sexual relations only once before we married. I’ve convinced my “husband” to file jointly for divorce, however, I’m concerned about the presence of the child. Will we both have to hire attorneys under the described based solely on the fact he has a minor child?

Asked on June 6, 2011 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You and your husband are NOT required to have attorneys handle your case.  If you want to represent yourself without an attorney, that is acceptable.  Your husband can also represent himself if he chooses.  The fact that there is a child, who is a minor, does not affect whether or not you can represent yourself and your husband can represent himself.


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