Judge Speaks About Pro Se Divorce Litigants

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Many times I have mentioned some of the critical problems that pro se divorce litigants face when representing themselves in divorce court.  At this time there aren’t any easy fixes for the problems, but there are some solutions for the pro se litigant that will assist them.  

Regardless of the reason for going pro se, one must remember that although you have a legal right to represent yourself in divorce court, you also have certain responsibilities that must be addressed.

If you are contemplating divorce and have decided that you will represent yourself in court, it might be advisable to do some homework before filing divorce forms. Go online to your State’s Government website and search for divorce – you will be able to learn what your State’s Statutes of Limitations are, how to legally serve papers on your soon to be ex and what forms you need to file for divorce.

Here is an article from a judge in Virginia that points out some specific problems a pro se litigant faces.  These problems exist in all States throughout the USA and must be addressed by the pro se litigant if he or she expects to receive a favorable outcome in divorce court.  This article is from 2007 and the same difficulties are still prevalent for the pro se litigant in 2013.  

Pro Se Litigation:  Best Practices from a Judge’s Perspective - The Honorable Beverly W. Snukals & Glen H. Sturtevant, Jr.,. November 2007, University of Richmond Law Review

The unintended consequences of the current state of pro se litigation in Virginia are often expensive and time-consuming for the court system, attorneys, and represented litigants, and can be disastrous for those who self-represent. Pro se litigants who have not consulted an attorney and are unaware of court and statutory deadlines are often barred from seeking legal redress because, for example, they neglect to file a bill of complaint within the applicable statute of limitation, suffer a default judgment for failing to file their answer within the applicable statutory deadline, or have their case dismissed on a demurrer for failing to adequately plead their cause of action.

If the pro se litigant is capable of making it to the pretrial stage to conduct discovery, the feat of answering interrogatories without an attorney, let alone drafting them, is enough to make the process prohibitively complex. If the pro se litigant is knowledgeable enough to proceed with his case to trial, laying a proper foundation for admission of evidence and navigating the hearsay exceptions are sure to make the already difficult job of self-representation nearly impossible. In addition to neglecting court and statutory deadlines, pro se litigants also have difficulty grasping the law and rules of court. Those who self-represent often fail to adequately prepare their case by forgetting to subpoena witnesses or provide the court with case law and statutory support for their legal positions, all of which have a number of significant consequences that affect more than just the individual pro se litigant.

So before jumping into the unknown divorce waters of  pro se divorce – do your homework, utilize the free venues offered by your State for pro se litigants and consider at least one short consultation with an attorney (this consultation is usually free.)

As Always,

Little Tboca