The trend toward self representation in divorce cases is a growing phenomenon. Self-representation is when one represents oneself in court without a lawyer. Individuals going into a courtroom are required to know and follow court rules and the law - self-represented litigants must obey the same rules as an attorney.
Everyone has their own reasons for choosing not to hire a lawyer. Some can not justify the soaring legal costs and destruction of their assets, some feel involving attorneys' promotes the continuation of disputes and increases conflict, and some simply can not afford the retainer and subsequent hourly costs.
Going to court without a lawyer used to be unthinkable. That's because court procedures are complicated and very specific. A fumble can put a dent in your credibility, and your case. If you are not familiar with courtroom protocol and procedures, a judge might not see all the necessary facts to understand your case. If your spouse has an attorney, you're at a greater disadvantage. Judges rarely rule against their colleague and fellow bar member when you fail to follow the rules of the court.
People choose self-representation to avoid the high costs associated with legal representation. This is certainly a sensible aim - money doesn't grow on trees. One alternative is to avoid divorce court altogether and choose mediation, which has several benefits. Mediation is a process that allows divorcing couples to meet with a specially-trained, neutral third-party to discuss and resolve common divorce-related issues. The costs of a divorce, both financial and emotional, can be significantly reduced through mediation. The two of you, not the courts, decide the outcome. With regard to children, if you decide to change your arrangements later, you do not have to return to court. Regarding the duration of the process, you and your spouse would determine this, not the courts.
Mediation involves compromise and collaboration. If you are unable to come to terms on your own, you'll want to know that it will cost you more in the end. In most cases, however, mediation is a great way four a couple to avoid the huge cost of a trial.
If in the end you still wish to represent yourself in court, there are things you need to know. You must be able to organize and summarize your case. You should attack the issues and not your spouse. You should be over-prepared; know the meanings of courtroom terms. Know how to fill out and file forms. Know what your spouse is going to say. And stick to the issues.
You may choose to hire a divorce coach to help you get organized for the process and keep you on track. Mistakes in court have significant long-term consequences. It's not like flubbing a clarinet solo in high school band. When something important is at stake, your best decision, seeking guidance from an attorney, will cost money but may save years of expenses and headaches in the long run.
For information on divorce mediation and coaching, visit kpdivorceservices.com, email Katie Pace here or call 847.727.5775.
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