5 Factors to Consider When Representing Yourself in a Divorce

Complexities aside, representing yourself in a divorce should always be a last resort. We understand not everyone can afford a high-priced attorney, but the inability to separate one’s emotions keeps a lot of people from logical, rational discourse, which inevitably leads to an outcome that’s skewed in the spouse’s favor.

However, if you must act pro se (‘pro•say’; meaning to act as your own attorney), consider these five factors.

1. Do Your Research

Not all online forms, do-it-yourself guides, and resources are created equal. If you choose to act pro se, do plenty of research into every facet of the process.

Legal Terms: You will need to be familiar with many legalities throughout the process, the most important being ex parte (ex•par-tay) communications. These are unsolicited documents, calls, or visits with the judge or clerk, or communications that weren’t transmitted to the opposing attorney.

Following the Law: Though some judges are more lenient when representing yourself, they still expect you to follow the law. Be aware of deadlines, courtroom etiquette, correct filing, and rules of evidence. Claiming you didn’t know is never a viable excuse.

Communicate: Failing to meet deadlines or respond to paperwork, will always be your fault and may result in a default judgement. Make sure the court, administrator, and spouse’s attorney all have your most recent home address and a professional email account.

2. Custody and Property

Representing yourself poorly may affect custody, visitation, support, and property received.

Custody: It’s important to know the difference between physical and legal custody, and sole vs. joint custody. You should also understand that agreeing to custody arrangements without considering modification could keep you from changing them in the future.

Property Division: It may seem easy enough, but real property has a lot of unknown secrets. For example: if you take your name off the title of your home but not the mortgage, you may still be responsible for payments should your spouse fail to pay. Take this into account for credit card debt and car loans as well.

3. Accessing documents from your spouse

How do you subpoena documents? Not knowing how or what documents to collect could lead to mishandled evidence, late filings, and incomplete paperwork.

4. Stay Away from Social Media

Social media during a divorce is not your friend. Every post you make, no matter if it’s hidden, may be admitted as evidence.

5. Attorneys cannot provide unsolicited legal advice

Some attorneys provide free consultations, but this doesn’t mean they provide free legal advice. Nor does the opposing attorney have an obligation to assist you in any way.

Limited Scope Basis: Attorneys may provide this type of representation, in which you pay a small fee for specific tasks, such as filing paperwork.

In summary, when acting pro se in a divorce, do plenty of research, stay on top of paperwork, understand the ins and outs of custody and property arrangements, stay clear of social media, and identify all laws required of your state and county.

Tags: attorneys, Custody, Divorce, ex parte, legal advice, legal forms, Marriage, pro se, property, representing yourself, self representation, social media, unsolicited
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