What You Should Know About Representing Yourself in Family Court
When a person initiates or responds to a family court case without the assistance of an attorney, this party is said to be proceeding "pro se" in the family court case. In simpler terms, the person is acting on his or her own behalf without the benefit of counsel. When a person chooses to "go it alone" and proceed without an attorney in family court, the party should be prepared for some potentially challenging situations. Family court judges and court personnel usually try to provide general information and services to "pro se" litigants. However, the family court system is very complex, so much so that local courts enlist the help of lawyers to serve as "pro bono" legal volunteers to assist "pro se" litigants. In addition, litigants can contact the State Bar of Georgia’s Lawyer Referral Service, which can help match them with an attorney who practices in the area of law they need. In considering whether to retain counsel for the family law matter or proceeding at issue , a party should conduct research about the local family court system and structure (including a family court services office, if any), review rules and orders of the local or state trial courts, and search online for relevant case law (for example, not all case law will be maintained or available through relevant databases such as Lexis or Westlaw). In determining whether to proceed without an attorney on a family law matter or questions presented in the family court system, a person should consider the possible risks involved with going pro se or without an attorney in the family law proceeding, some of which may include the following: Though proceeding without legal representation in any family law related matter or proceeding can be a particular challenge, there are many ways to navigate and address important issues in the family court system without retention of an attorney, if needed.
The Advantages and Disadvantages of Representing Yourself
Self-representation in family court has its advantages, such as not having to be in contact with your spouse, saving the costs of litigation and representing yourself the way you think is right – however, the disadvantages often outweigh the advantages. You could very likely be at an even larger disadvantage than if you had legal representation, because the law and the family court process can be extremely complex. When representing yourself, you’re not spending thousands of dollars in attorney’s fees, which can be a major money-saver. The lack of funding for litigation also allows you the added benefit of having more control over the process. But while saving on attorney’s fees is a major advantage in self-representation, it’s also a double-edged sword, as a realistic look at the costs is a crucial step in determining whether you can afford to represent yourself.
Another advantage is being able to present the case as you see fit. There are certainly pros and cons to this factor, but it’s a big one, so it’s worth making sure you weigh all options. Knowing that you can make your own decisions and move forward is a huge benefit to self-representation; however, it also means you assume personal responsibility for any negative outcomes. You are solely to blame for mistakes you make in the process.
Another important thing to keep in mind is that when you represent yourself, you’re also expected to have the same knowledge and understanding of the law as a trained lawyer, and courts are often unwilling to accept a lack of knowledge as an excuse. Even if you are a very intelligent person with some legal education or past experience working as a paralegal, this is no substitute for the legal expertise of a licensed family law attorney. It’s also important to remember that while you may be well-versed in the law, you are often emotionally connected to the case due to the personal nature of the issues addressed in family court, which can make it difficult for you to be objective about the situation.
A major disadvantage of representing yourself is that you are always up against lawyers on the other side of the case. It’s hard enough to deal with an opposing counsel (OC) that knows the law, and it’s even more difficult when you don’t know what you’re doing. You are challenging the expertise of the OC without equal footing, which could mean your case doesn’t turn out as you thought it would. If you misrepresent yourself in court, you can also be sanctioned by the Judge that is overseeing the case.
Another major disadvantage is the inability to receive help from family members or non-legal professionals. Certain actions in family court require documents to be filed, or certain responses to be created on your behalf. If you don’t have the knowledge needed to complete these tasks, you’ll have to consult a lawyer to help you, which negates the purpose of even self-representing. At certain stages of the proceeding, you may need a legal opinion about how to proceed, or you could end up needing an attorney to represent you. A legal opinion is needed to ensure that you have taken all necessary steps, or if you haven’t because you weren’t educated enough on the law.
Types of Family Court Cases That You Can Bring Yourself
Types of Family Court Cases for Self-Representation in Massachusetts
As discussed in the prior section, you can represent yourself in almost any family court case, and it is common for someone to represent themself once or multiple times even in cases that are otherwise represented by attorneys. Some of the most common types of cases that people represent themselves in, whether they are divorce cases or not, are:
— A motion to issue a qualified domestic relations order ("QDRO") is not necessarily a type of case where you need an attorney, unless something very complicated about your retirement or pension benefits requires an attorney’s help.
— Cases where an attorney was previously appointed to represent you, or where prior litigation occurred with an attorney (for example, a prior divorce).
— Domestic violence cases (for a restraining order under G.L. c. 209A, or abuse prevention orders under G.L. c. 208, § 34A) for a family member (separate from your own case) in the family court department.
— A contested adoption case.
— A modification of a divorce request.
— Child Support Enforcement matters.
Getting Ready For Self-Representation
If the choice to represent yourself in family court has been made, there will be a lot of preparation involved. You will have to study the court rules, understand how the process works, and prepare your case within the confines of the law. The accuracy of your understanding of these factors, as well as the way in which you approach your case, will play an important role into how the outcome of your case unfolds. An understanding of the relevant laws is the foundation upon which you will build your case. As a result, it is important to conduct research into the laws that apply to your specific case. In many family actions, you’ll be able to use only one or two sections of the law. The difficult part is finding those sections. Reading through entire statutes is time-consuming, and you likely don’t have the time or knowledge to know what you’re looking for. Although it can be frustrating, animal advocates have no choice but to persist. You may find it helpful to consult a law librarian or at the courthouse staff for assistance. While there is no shortage of evidence gathering for a family action, understanding what to include and how to present it is critical. When gathering documents to include in your case, it’s important to ensure that you prepare official versions of those documents, as opposed to notes and informal documents. For example, if you are filing an order for protection, you’ll want details about specific events to be included in your paperwork so that the judge has as much relevant context as possible. Remember that the burden of proof is on you if you are initiating your own case, meaning you must prove the facts you are alleging. The best way to do this is with accurate, official documentation.
When It’s Time to Get a Lawyer
While the ability to represent yourself in family court is certainly an important right, there are circumstances when hiring a lawyer may be the more prudent option. If you have a lawyer who you trust, it is almost always a good idea to use their services when you can afford to do so.
If you are unsure of something legally, or simply feel that you do not know enough about family law to handle your own case, a lawyer can almost always help address the problem.
A few examples of situations in which hiring a lawyer is usually advisable are:
Complex legal issues If there is a complex legal issue involved or you have significant disagreements with your spouse or ex-spouse related to your issues, the value of having a lawyer on your side increases substantially. The willingness of you and the other party to cooperate with each other also plays into this.
High stakes matters While it is true that the law does not require each party have a lawyer, there are many important ramifications to having a lawyer versus not having one . This is particularly the case in high property value cases. Also, if there are custody situations in play that could affect the primary residential unit of a child, having legal representation is crucial. The stakes are simply too high to risk losing everything or to jeopardize your relationship with your child.
Lawyer on the other side While you are not legally required to have legal representation, you generally will want one if the other party does. Even if you and your partner are amicable, there is no guarantee that this will be the case once a case is filed in family court. As the adage goes, "If you lay down with dogs, you get up with fleas." Navigating the ins and outs of a court case can be quite difficult if you don’t know what to expect or how to handle things. Having a skilled lawyer on your side can help avoid problems that might otherwise arise.
Support for the Self-Represented
For those who choose to represent themselves in family court, each court maintains a resource for individuals who wish to write their own pleadings and to obtain legal information. The bulk of the resource will be the Family Law Self-help Center, which is located in the Basement of the Waukesha County Courthouse. The Self-Help Center is accessible to the public five days a week without appointment, and from 8:30 a.m. to 4:30 p.m. on those days. You are able to come to the Self-Help Center to get assistance with the following, among other things: In addition, the Self-Help Center will assist you if you are with someone with disabilities, if the other party (or attorney) is not present, or if you have a law firm or professional corporation on the pleadings for non-support cases. The Self-Help Center does not provide attorney referrals, however. For general help finding a lawyer, check out the State Bar of Wisconsin Lawyer Search, which allows the user to search for an attorney by area of practice and geographical area. The Wisconsin State Public Defender’s Office website also has a helpful page on "How to Find a Lawyer." LawHelp.org contains useful information on free and low-cost legal aid resources; information about rights and law libraries; and even interactive toolkits to help you complete specific tasks.
For further information on this specific issue, you should consult an attorney. This blog does not provide legal advice and is for informational purposes only.
Helpful Hints for Success in Family Court
It is critical that you show up to court on time and that you are prepared for court. Arriving at court on time demonstrates to the court that you are serious and respectful of the court process. Bring all documentation and materials required for your hearing. Arriving with an organized folder in which you have placed all of the documents and materials that you will be submitting to the court (in the order you will submit them) shows that you have taken the time to prepare for your hearing. Keep in mind that you may be in a holding cell with other parties in family court, so be careful what documents you place in the folder as they will be accessible to other defendants during the time you wait for your hearing.
Dress appropriately . You should wear business attire when you go to court and keep in mind that you should always dress a step above what you might "normally" wear. This is important as it shows respect to the court process and tells the judge that you have taken the time to prepare for and put thought into your case.
You may be tempted to argue with the judge at some point during your hearing. As difficult as this may be, never argue with the judge, even if you believe that the judge’s ruling was grossly unfair. Approach the bench one time with your respectful argument, but if you sense that the judge is not swayed by your argument, concede graciously. You may realize that you are wrong or that the judge is right. By being respectful of the court process throughout your hearing, you will advance your chances of success and be better received by the judge.