Some people may question whether it is necessary to hire an attorney to assist with their family law matters. Parties to family law disputes are not constitutionally entitled to legal representation. If you choose to forego hiring an attorney, you will need to represent yourself. A party representing themselves in a lawsuit is known as a “pro se” litigant. If you are considering proceeding pro se, there are a few things that you should know:
1. Pro se litigants are expected to follow the same rules and laws as an attorney. This means you must meet filing deadlines, follow procedural and evidentiary rules, and draft pleadings with the proper language and details included. Ignorance of the law will not be deemed a valid excuse. In the same vein, representing yourself will be time-consuming, especially if this is your first interaction with the judicial system. You will be responsible for attending every scheduling conference in addition to court hearings and trials. Due to these notable requirements and expectations, it is common for pro se litigants to be penalized or possibly even lose a court matter due to issues that could have been avoided had the party been represented by an Attorney.
2. Pro se litigants will be required to communicate frequently with their ex-partner. This might not seem like a big deal if there was an amicable split, but discussions can turn sour if there is a filed lawsuit – even more so if there are allegations of infidelity, substance abuse, or neglect. Negotiations surrounding children, money, property, or debts can quickly deteriorate, making it difficult to reach a satisfactory resolution. Professionals – including Attorneys, Mediators, and Arbitrators – can help a pro se litigant navigate these conversations and strategize how to achieve the best result possible.
3. If the other party has hired an attorney, know that their Attorney’s duty lies solely with the other party. That Attorney will not be able to guide or assist the pro se litigant, especially when legal questions arise…regardless of how harmless the inquiries seem.
4. A pro se litigant can consult with a Family Law Attorney at any time throughout the separation, divorce, or family law process. However, the longer a pro se litigant waits to consult or retain an Attorney, the trickier the legal strategy and requests for relief can become. Simply put, an Attorney cannot change the past or erase past filings and behavior. Especially if a pro se litigant waits to retain until a few days before a hearing or trial, the Attorney may simply not be able to help in the capacity that the pro se litigant desires at that point. Waiting to retain an Attorney is also not a valid excuse for the Court and the legal process to move forward.
It is possible to represent yourself in family law proceedings as a pro se litigant, but it is important to recognize that even family law cases that appear clear-cut can get complicated and overwhelming. Meeting with a Family Law Attorney for a consultation can give you a better sense of how much time and work will be needed to address the issues in your particular case. After the consultation, you can decide the best choice for you.
If you or someone you know is representing themselves “pro se,” our Modern Legal Team is here to help.
Written by: Theresa E. Viera
