Pro Se in the Family Court Process

More and more family court litigants are taking their destiny in their own hands and appearing in court Pro Se. Two big reasons for this are the inability to afford legal representation and a lack of confidence in an attorney's ability to secure a more favorable outcome than can be achieved on one's own. State governments across the country have noticed this trend and have implemented programs to make forms, statutes and court rules available to Pro Se litigants.

Despite these efforts, Pro Se litigants often make mistakes that have dire consequences for their case. Litigants need to understand that it matters not how much money they have saved in attorney bills if they come out of court with a totally unacceptable outcome.

Assuming Pro Se means one doesn't have to spend money. Some litigants can go through their whole case with only spending money on filing fees, which just indicates how well they understand what they need to do. They are lucky. Most litigants DO need some level of assistance. They should avail themselves of the services of paralegals, pro se coaches and attorney's who offer their services unbundled. These services cost money, but they cost much less than a $200 an hour attorney and can contribute to a much more favorable outcome in court. Pro Se does not and should not equal "free." There is too much on the line to quibble over a few hundred dollars total.

Not doing homework. Prior to making a decision to go Pro Se the litigant should read the states statutes that are relevant to their case. This includes the family law statutes, rules of civil procedure, local court rules and all relevant case law. A Pro Se litigant is expected to conduct themselves just as lawyers do in court. Ignorance of how a motion is to be filed, how to make an objection, what to base objections on, how to admit evidence etc. is not acceptable.