Don’t assume this old adage
is true, “a man who represents himself in court has a fool for a client.” A pro
se divorce litigant contemplating divorce can overcome all odds by learning how
to fill out divorce forms and building a fact based case for his or her day in
court. So why do 70 or 80 % of pro se litigants fall on their face in
court?
Why didn’t the divorce judge
listen to you? Why did he or she
hand down an unfavorable decision in your behalf? Have family laws been compromised? Or was the judge swamped with personal
problems and having a bad hair day?
These are all of the
questions that keep going thru your head as you leave the courtroom. What you
experienced in court was gut wrenching – it felt like you were swimming against
the rapids losing ground by the minute and finally dumped over the water falls.
First of all you decided to
represent yourself (pro se) and inadvertently made some major errors. You
forgot a few signatures on your divorce papers and didn’t answer or understand
how to fill out interrogatories.
When one person has legal
counsel and the other party is representing themselves, the pro se litigant has
two strikes against them before arriving in court. Your spouse’s attorney may
chew you up and render you helpless. He or she may present a dirty laundry list
against you that would turn any judge’s head.
For the pro se litigants
contemplating or going thru divorce there isn’t any easy fix or miraculous formula
that will insure a favorable decisions from the judge unless you’re prepared to
take the time to equip yourself with information that will empower you in
court.
First and foremost before
filing for divorce go back a couple of years and start building a powerful
case. “He said, she said” testimony is a
waste of time in court – it takes proof, hard evidence to back up statements in
the courtroom.
If children are involved, the
judge will make decisions in the “best interest” of the children. Prove that you have been the primary
caregiver of the children, show bills, paid receipts, time interacting with the
children and show that the children have been and are your priority.
Not knowing family law or
courtroom procedure may leave you feeling victimized by the judge, your spouse
and his or her attorney. Ignorance of family law or
the judicial system is a feeble excuse – excuses don’t win court cases. Sure fired ways to irritate the judge
include, (1) Divorce forms not filled out correctly, (2) Emotional outbreaks in
the courtroom, and (3) Disobeying courtroom protocol.
Your day in court wasn’t a
dress rehearsal allowing you a second chance to present your case to the judge.
What you didn’t know and didn’t do will haunt you the rest of your life. One day in court, one small window of time to
present your divorce case – how you handle this will affect you for the rest of
your life.
As Always,
Little Tboca
www.caseboss.com
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