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Why Self-Representation In A Divorce Case Is Not A Good Idea

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Most people if they can afford an attorney will hire one, but there are some people who believe that they can do it themselves.  For those who have financial challenges there are possible resources including a court appointed attorney (although there are limitations as to when they will be appointed and what matters they can assist with); an attorney through the local Bar Association which might be free or on a reduced fee basis; local law school Family Law Clinic where a student works under the supervision of a faculty member; and, in cases of domestic violence through the program to help victims of abuse.

So this blog is directed to the people who can hire an attorney but think that they will save money and be their own "lawyer".  There are many reasons why that is usually not successful and not a good decision.

When you self-represent going "pro se" you lose perspective because of your own deep personal involvement.  It becomes far more difficult to see the case from both points of view.  That does not mean that the other side is correct but it does mean that you may not view it in a neutral manner as a judge will try to do.  

You lack training in the basic guiding principals of law, the court procedure, legal forms, how to preserve your rights when rulings are not favorable, the specific laws and procedures unique to matrimonial cases, experience from having watched, learned and made winning arguments in court.  There is knowledge known to the local attorneys about how specific judges tend to think and rule on cases...which judges are more likely to grant a second and third chance and which judges will not hesitate to make an immediate decision.

When there are lawyers present on both sides, often the judge will have an informal "off the record" discussion with the attorneys which is useful for gauging the likelihood that the judge will be receptive to your client's position.  When there is only one or no attorneys the judges will likely not have such conversation to protect themselves from any claim of pre-judging a case.  So instead of having the guidance as to whether to push forward, revise your argument or settle you proceed without knowing the initial thoughts of your judge.

Since the issues of child support, spousal support, custody and parenting schedules, property valuation, asset distribution, debt payment, retirement account distribution are so important and of great impact on future finances it is without doubt best to have an experienced matrimonial attorney at your side.  They will relieve your stress as to whether you are filing properly and timely, understand what documents are needed, will properly draft motions and responses, know how to orally argue and how to interact with the other attorney, the child's attorney and the judge that the value cannot be overstated.

Try to get a recommendation from professionals that you may know such as a CPA, psychologist or family members, friends and employers that have been through the process.  I have even had referrals to me from the other side who sent their family member to me because they thought I was better than their own attorney!  Besides online reviews there are so many ways to obtain a solid recommendation, so if you can afford experienced counsel it is money usually well spent.