Q: Two questions: First, I am going through a divorce. We were married five years so how complicated can it be? Lawyers are very costly, and I have a master’s degree in education. Why shouldn’t I handle it myself?
D.F., Dana Point
A: You may have heard the adage, “He who represents himself has a fool for a client.” It is difficult to state all the reasons that led to that assertion, but here are at least some of them.
If you are a witness in the case, who is going to question you? Your credibility is going to be assessed by the trier of fact. As your own lawyer, you are advocating your position. As a witness, you are not supposed to be argumentative, but factual, believable. When you are your own lawyer it blurs the lines. It is also difficult (perhaps impossible) to objectively evaluate the issues at hand. It is one thing if you are hired to represent someone; there should be a level of detachment for the lawyer not personally involved. Obviously, that becomes more challenging when you are representing yourself.
Another significant concern is the process. Family law matters have certain forms, deadlines, rules and procedures. How do you know what form to use, what to do when, what law to cite, let alone how to present it in a brief or motion? If you are not trained as a lawyer, and have little or no experience in the legal field (let alone family law), are you going to learn it all as you go along?
I appreciate that you are an educated individual. Thus, it is not for me to say if you can adequately represent yourself. Perhaps you could have assistance from a lawyer, proceed “in pro per” but have the attorney guide you along the way. I can say for myself, having a lawyer would be a clear choice, in part to take some of the pressure off my hands.
Q: Next question, if I do go it alone, can you give me some suggestions on where I can find online resources that provide guidance for a person representing himself?
A: There are “self help guides” you can find online. Three published by the California Courts may be instructive: selfhelp.courts.ca.gov/divorce-california, selfhelp.courts.ca.gov/divorce-forms and selfhelp.courts.ca.gov/divorce/start-divorce.
While I do not have much experience with it, at least as yet, I am told ChatGpt.com may be helpful.
Divorce mediation may make sense for you. During mediation, you are seeking a work-out of the divorce through the assistance of a neutral third party (who is hired by both parties). Your wife would have to agree. Also, there is a summary divorce procedure that would require your spouse’s consent, which you can read about at selfhelp.courts.ca.gov/divorce-california/summary-dissolution/start
For what it is worth, in my view, having a lawyer in just about any case I can think of is advisable.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Related Articles
News | Is it worth it to become an attorney? Ask the lawyer News | Can I sue him for disclosing the secret I shared? Ask the lawyer News | Can I make a claim for the flight delay? Ask the Lawyer News | What if a plaintiff is going to die before the trial? Ask the Lawyer News | What does ‘preventative law’ mean exactly? Ask the lawyer Read More Details
Finally We wish PressBee provided you with enough information of ( Why shouldn’t I represent myself? Ask the Lawyer )
Also on site :
- Stocks rally and oil dips after report says Iran is looking to de-escalate its conflict with Israel
- Ryne Sandberg rookie card, dozens of other items in Illinois treasurer auction
- American Express rolls out 3 ‘major’ perks for first time in 40 years days after rival Chase announces reward refresh