Pro Se Divorce - Not a Get Out of Jail Free Card

www.caseboss.com

So often pro se divorce isn’t the pathway to freedom – it isn’t a get out of jail free card.  Although pro se divorce is marketed, publicized and promoted, there isn’t any miraculous cure for pro se divorce litigants. Do it yourself divorce or pro se divorce has many hidden problems that need to be addressed. 

The Judicial system throughout the country is trying to assist the litigants by offering workshops and self help venues. There are great divorce websites on the Internet that offer free information and assistance to those contemplating divorce, but there are many Internet sites that prey on pro se litigant wanting their money. 

Don’t fall victim to the Internet sites that tout divorce as fast and easy – those sites play on emotions. Divorce that involves alimony, child custody, child support and division of property isn’t easy. Filling out divorce papers on line is a risk and it’s your life and future that is involved, what appears easy, inexpensive can cost much more than taking the time to do it right.

It’s best to control anger and emotions before jumping off the cliff into a lion’s den.  If divorce is the only option, take time studying the family laws in your State – learn what your options really are before diving into divorce.

Wearing the hat of legal counsel can be grueling and difficult. The Judicial system isn’t exactly user friendly – it takes hours of study and homework to understand how to maneuver within the divorce laws of your State.

In many ways the laws concerning self representation seem to confuse rather than assist litigants. It merely means that you are granted the right to present your divorce case in court without legal counsel – it doesn’t offer anything more than the legal right to represent yourself.

End of conversation, this law doesn’t insure a favorable decision from the judge, legal assistance from the court staff or any other options.  What you see is what you get –before going pro se remember it can be very costly by negatively affecting your future. 

Statistics show that pro se litigants are losing what is rightfully theirs in divorce court, because they fail follow the laws in their State. The pro se litigant can’t continue blaming judges or attorneys – it is their responsibility to follow family laws as established in their State. 

As Always,

Little Tboca

Divorce Judge "Tiger or Pussycat"

Those going through divorce have a plateful, in fact it’s more like a tubful of do’s and don’ts.  If you’re going it alone (pro se,) here’s one more thought to fill your already cluttered mind. Do you know who your judge will be for your day in court?  Do you know how he or she controls the courtroom?  Don’t assume that just because you’re a good person – it will be smooth sailing in the courtroom. 

Are you going in front of a pussycat who wants both litigants to live happily ever after – if so he or she will probably slices the pie right down the middle. The pussy cat thinks it takes two to tango and strives to satisfy both parties.  He’s pleasant and provides a comfortable atmosphere in the courtroom – definitely not power driven!  

What if you find yourself in front of a legal eagle “owl” that follows family law statutes by the book?  He or she won’t budge and a pitty party may give the impression that you’re begging for mercy - that doesn’t sit well with the ole owl. Don’t take it personally, but he won’t budge and you’re about to have the family law book thrown at you.

Then again you may find yourself in front the no nonsense “tiger” and he or she pretty much considers the “he said, she said” testimony as crap and dives for the heart of the divorce.  Children are his or her priority and he’ll do whatever it takes to insure that the children get the best piece of the pie. He is well versed in family law and very capable of making tough decisions when necessary. This judge deserves a big thank you, because he’s honest, knowledgeable and the children are his priority.

No doubt there are a few family law judges who enjoy putting the squeeze on both parties. He or she basks in the power they possess in the courtroom - there won’t be any doubt in your mind that they are in control. Speak only when spoken to and don’t expect any favors.  Whatever you do don’t cross this person because he or she has your future in their hands!

 This article is based on personal experience and each judge has a name – cover your bet by preparing a powerful case for court and knowing your judge’s courtroom DNA. 

As Always,

Little Tboca

www.caseboss.com

Your Divorce Story - Advice Helps Others

WELCOME TO DIVORCE DEN -  WRITERS ALWAYS WELCOME

Looking for informative divorce articles that may help those going through or contemplating divorce.  If you were a pro se litigant, take a minute to offer some first hand advice to others who want to represent themselves. Maybe you've experienced a fierce child custody battle - tell your story. Men's divorce is somewhat different from women's divorce - tell us your story.

Ideally it would be nice if the rapid divorce rate would slow up and marriages saved especially when there are children involved. 

Contact me at littletboca@gmail.com or send me an article to same address

As Always,

Little Tboca

Divorce and Family Law

So you've decided to represent yourself in divorce court or go pro se - your decision may be based on finances, not trusting attorneys or you may just feel no one knows your case as well as you do...

Regardless of the reasons you've made the decision to represent yourself, it is important to study family laws in your State. Getting your divorce forms from your courthouse or State Government website may be best, because many online sites just have generic forms where one size fits all and that's not true.

Before plodding off into the wild blue yonder of divorce, consider this - no one cares as much about your divorce case as you.  Legally you can represent yourself, but with that right comes many responsibilities that a pro se litigant should consider. 

Does your soon to be ex have legal counsel?  Do you know the family laws and statutes in your State?  Do you have an extensive amount of marital assets?  Do you know which divorce forms should be used and do you know how to fill them out?  Are you prepared to burn the candle at night and create a powerful divorce case?  Are you assuming that your soon to be ex will be gracious, kind and considerate and honest?

Here is a short video from a divorce judge that may help you in making decisions.

As Always,
Little Tboca    

www.caseboss.com

Men's Take on Divorce

No doubt men and women come from a different planet or so it seems. When it comes to divorce the little women gets engaged and plunges headlong into the many facets of divorce. She's more than a little bit pro active, because her anger and emotions have kicked in big time. Often times, she's not logical nor willing to communicate because in her eyes she's right and you're just plain wrong.

This person that you took the marriage vowels with has just gone south from friend, soul mate to number one enemy. In her mind she wants the house, the kids and even the kitchen sink. Of course not all women approach divorce this way, but a very large percentage goes for the "gusto" big alimony, the house, the children and child support. Family law were created to protect both parties, yet these laws can be misused and abused.

Men usually approach divorce in an entirely different manner.  First they believe that even though divorce is imminent that his spouse will be honest, fair and forthright when it comes to their divorce. That's the first biggest mistake, this person is no longer your partner nor does she worry about your feelings or future at this time.

Next mistake is assuming that the laws of our land are in place that will protect you come hell or high water, but this is strictly an old wives' tale.  Family laws can be manipulated by legal counsel until you will look like the scum of the earth.

Hopefully this will be a wake up call for some men.  Take the time to check you states' family laws regarding divorce.  Find out about division of marital assets, child custody and each spouse's obligations. Prepare yourself next with some hard questions for a divorce attorney and at least have a free consultation. Often times it better to work two jobs and have legal counsel than to try to fly on your own.  At least after your consultation you'll be better prepared and know what to expect.

If your're going pro se, then start studying the family laws in your State. Go to your State government site and put divorce in the search box.  Next learn how to build a powerful case for court - be prepared to stay up into the wee hours of the night studying. It's your life, your future and your hard earned money that's involved.

Building a divorce case is pretty much like taking on the job of a detective. Learn to document, organize and arrange your case by time, subject and date. A great place to start would be at www.caseboss.com - they are offering their website for one year free without any hidden expenses.

 Free is free - just take your time to do the homework and email their great team if you're in the dark and don't know how to start.  They have an awesome team there to assist you.

As Always,

www.caseboss.com

Little Tboca

Pro Se Divorce

Are you contemplating divorce or have you already made the decision to go pro se (Self representation?)

So you’ve made a decision to represent yourself (Pro se) in divorce court. The decision was due to finances, your intense dislike of attorneys or your perception that you are the best person available to represent yourself in divorce court. Statistics show that pro se divorce is the new fad – so it’s your turn to prepare for your day in court.

Statistics also show that a large percentage of pro se litigants leave the courtroom with their bucket half empty. They assumed that because they were representing themselves everyone and his brother would offer a helping hand – wrong, judges don’t have the time to take you by the hand and the court staff isn’t allowed to offer legal advice.

Pro se litigants want their cake and want to eat it too – they don’t want to pay for legal counsel, they don’t want to learn family law rules and procedures and they darn sure aren’t going to take time to attend divorce seminars and workshops that are offered through our judicial system. 

The pro se litigant is flying by the seat of his or her pants and most likely will suffer an unmerciful beating in court – the American Bar Association and over 1200 judges that were interviewed say the pro se litigants lose more than they should in divorce court.

No doubt it makes one feel better if they can blame someone for their shortcomings, but the bottom-line is this – it isn’t the judge’s fault, or the fault of your ex’s legal counsel, nor the judicial system. You didn’t do your homework or prepare a solid case for your day in court.

This information comes from the American Bar Association, “Not knowing the legal requirements or procedural rules, omitting important signatures, not following Court schedule, missing deadlines are but a few of the problems that Pro Se litigants experience.” 

A few other problems that weaken your divorce case is not knowing the Statute of Limitations in your State, not knowing how to fill out interrogatories, not knowing how to serve papers legally on your spouse and the pre-conceived idea that everyone owes you a handout.

Divorce is tough, one day in court and a small window of time to present your case to a family law judge. Don’t end up in divorce court with a bunch of lose papers, receipts and sticky notes – build a case that is airtight and strive for a favorable decision from the judge.  Go to www.caseboss.com – there isn’t any charge and you have a great team at your fingertips to answer questions and guide people for 1 year.

Quit shuffling thru papers, learn how to organize documents by day, time and subject – learn how to create specific reports, tag information and prepare a strong case.  

As Always,

www.caseboss.com

Little Tboca

Divorce Propaganda

To all pro se divorce litigants, don't fall into the false trap of being victimized by propaganda and false information. 

Put on on your big boy and girl pants and create a divorce case that will receive a favorable decision from the family law judge. First and foremost, don't sink into the pits of the "blame game" - it's not healthy and you're defeated before you start.   

Why are pro se divorce litigants blaming others for there mistakes? Although pro se (self representation) is the new fad on the street for divorce, it’s not a free “get out of marriage” card.  There’s much to do about nothing – it isn’t the court’s fault or the family law judge’s problem nor can the blame be on your ex who has legal counsel

The laws of our land give each and every person the right to represent themselves, but along with this right come a jillion responsibilities.  Yes, by representing oneself you won’t have to pay for legal counsel - maybe you can’t afford a lawyer or possibly you just feel empowered by being given the legal right to represent yourself. 

Over 50% of the pro se divorce litigants can’t afford legal counsel but they can take the time to attend the workshops and venues offered by their State that will assist them in preparing for their divorce.

It’s inexcusable to omit signatures, miss timelines and neglect filling out interrogatories correctly. Some pro se litigants even fill out the incorrect divorce forms and this may be the fault of some Internet sites that have sold them the wrong divorce forms. Divorce forms vary from State to State – be sure you get the correct forms.

Before jumping on the divorce train, it’s crucial that you study the family laws in your State, know the statute of limitations, courtroom etiquette and learn how to prepare a divorce case.  As said earlier, you have the right to represent yourself, but you also have the responsibility of learning what that right actually entails.

Take advantage of your State venues that offer divorce assistance. Read the family laws in your State, know the Statute of Limitations, learn how to fill out interrogatories and be sure you use the correct divorce forms, which each State offers online. Learn how to prepare a powerful divorce case.  

Quit the blame game: (1) The divorce judge isn’t your legal counsel, (2) The court staff is not allowed to fill out forms for you, per law, and (3) The courts are already clogged – you don’t get 2 or 3 re-dos.  Representing oneself is difficult, but doable if you’re willing to roll up your sleeves and do the homework. 

You have one day in court, one small window of time to be heard by a family law judge and going half prepared isn’t an excuse anymore. Reading, studying and attending workshops doesn’t cost a thing – use the many resources offered to you and walk out of divorce court with a favorable decision in your behalf. 

As Always, 

www.caseboss.com

Little Tboca

Pro Se Divorce Litigants Must Do Their Homework

www.caseboss.com

Divorce litigants are facing extreme almost insurmountable roadblocks in 2014.  Before filing for divorce it’s important to understand what lies ahead.  Judges have a backlog of divorce cases and their courtrooms are clogged due to the fact so many litigants are trying to represent themselves in the courtroom. 

Each year courts are facing financial pains – their funding continues to be slashed, staff must be reduced or furloughed and some courts are closing their doors or adjusting hours.  Along with the financial problems, courts have been clobbered with pro se litigation.  People are trying to save money via self representation and/or they believe they have the ability to master the family law divorce laws and follow courtroom etiquette and procedures. 

Clogging in the courtroom comes from a variety of errors made by pro se litigants.  Many are not taking the time to file correctly for divorce following the Statute of Limitations.  Many don’t know how to fill out or take the time to answer interrogatories, ask for temporary orders or even complete divorce forms correctly.

Signatures are missing, papers not served on spouse timely; consequently pro se litigants may have their case dismissed or walk out of the courtroom with an unfavorable judgment.   

Many pro se litigants fail to prepare their case correctly or just assume that they will sit down and have a friendly little chat with the judge and a case isn’t really necessary.  Pro se litigation is becoming an epidemic that is heading south by the day. 

By law you have a right to represent yourself, but by law you also have a responsibility to study family law and learn how to prepare a favorable case for your day in court.  Court staff can’t give you legal support, no one is standing around to pick up the pieces for you – self representation requires hours of study and homework. A low percentage of pro se divorce cases have a favorable outcome. Pro se litigants can’t keep blaming the attorneys, judges, court staff or the system for their failures.

Here is one solution for divorce litigants that might help  – www.caseboss.com  This is a company getting ready to launch that is offering free assistance for one year to a few litigants who want to build a powerful divorce case for their day in court.

Their team will respond quickly to your inquiries or questions – but the bottom line is this: (1) No one cares as much about your case as you do, (2) You have taken on the job of legal counsel, and (3) There’s no easy way to win a divorce case in court.

As Always,

Little Tboca

Flying Solo - Pro Se Divorce

www.caseboss.com

When a divorce is contested by a spouse, usually the fight is on and battle has been declared. Whether you are flying solo and representing yourself as a pro se litigant or you have legal council there are some very important things to remember.

Preparing yourself for that brief visit in the Courtroom in front of the divorce judge who is a total stranger who literally has your life in his or her hands requires time, energy and dedication.  

Just because you’ve hired legal council doesn’t insure a positive outcome in the courtroom. If you’re too busy to team up with your attorney, your day in court will probably be disastrous.

They can’t present a strong case without your assistance – they need organized data and specific information and this requires hours of input on your part.  Eliminating the “he said, she said” factor solidifies a trusting attorney/client relationship and increases the probability of having a winning divorce case. 

If you’re representing yourself as a pro se litigant you’d better plan on hours of sleepless nights as you prepare a powerful case. Ignorance of the judicial system or courtroom procedures is absolutely a non-winner; there’s no excuse for going to court with your pants down. 

Whether you have legal council or you’re a pro se litigant a winning divorce case depends on you and you alone. It’s unfair to blame your attorney if you haven’t responded timely to their requests. It’s unfair to blame  the judge if you haven’t arrived in court prepared.

In a nutshell the burden of proof rests on your shoulders. A judge makes his or her decisions based on information at hand – did you prepare your case like a good detective eliminating the hear say evidence and replacing it with hard facts that gives a judge the informational tools that he or she needs? 

A winning divorce case in the court of law isn’t an accident; it can only be attained by building a strong offense. It takes time, energy and even money sometimes to organize data and create specific reports by day, month or year. There is some great assistance out there for people who are contemplating or in the process of divorce. 

Go to www.caseboss.com and start today building a powerful divorce court for the judge. No hidden charges or unexpected surprises – it’s totally free for one year.  Although they haven’t officially launched their site yet, they’re offering a hand up to men or women. The team is anxious to assist you and will be happy to answer your questions.    

As Always,

Little Tboca

Do You Have a Winning Divorce Case?

When a  pro se litigant is contemplating divorce what can they do to insure that the divorce judge will hand down a favorable case in their behalf?  What specifically does the family law judge need to grant you your piece of the pie? 

There’s a thousand and one divorce websites that out there in space trying to pond off divorce forms on you - they're just waiting like a vulture to nichol and dime you to death.

They promise you a winning divorce decision wrapped up in a gorgeous box with pretty bows and all of the bells and whistles, but there’s one dirty little secret that they neglect to tell you – it’s called a divorce case. 

Most family law judges want to give both parties their fair share, but they struggle with pro se divorces because the person or persons representing themselves have dropped the ball.

Statistics suggest that over 60% of pro se litigants forget signatures, don’t serve their spouse according to state laws, don’t answer or fill out interrogatories correctly and came to court without a case.  First things first, carefully study family law in your State, find out what the Statute of Limitations are in your state. 

Fill out every divorce form completely with signatures and don’t lie or hide pertinent information, because it will bite you in the fanny if you lie to the judge. Know the law in your state for serving your spouse divorce papers – state laws vary so go to the government website and review the procedure for serving papers. 

Let’s assume all of the divorce papers have been filled out, filed timely and you’re sitting around waiting for your day in court. Now is the time to become a great detective and work on your divorce case – throw out the “he said, she said.” Gathering evidence is time consuming and takes an excessive amount of time and patience.

Solidify your case by organizing documents, by time, dates, subject that can be used to create specific reports for the family law judge. Understandably if you’ve never experience divorce, you don’t know how to create a powerful case.

A company in Arizona that hasn’t launched yet is offering one free year to those going thru or contemplating divorce. Check them out www.caseboss.com  – it doesn’t cost a dime and they have an awesome team available to answer questions and assist you as you build a powerful case. 

As Always,

www.caseboss.com

Little Tboca

Divorce Isn't A Cure All

Although divorce seems to be a fad, it may have future problems that many don’t anticipate or realize.  

Divorce is not a cure all for your marital problems and often times divorce actually increases your financial obligations and can dramatically change your present life style.

A family law judge will to the best of his or her ability follow the laws in your State, but that doesn’t mean division of property and assets aren’t always divided equally. 

Nor does it mean that divorce will relieve either man or woman of their responsibility to their children or their financial obligations. 

Although the old antiquated alimony laws are changing in many States, there is a possibility that the one who has given up their professional life to raise the children will in fact receive alimony for a period of time that allows them to further their education or do whatever is necessary to rejoin the workforce. 

Sometimes when it comes to child custody, the judge has a real struggle because parents aren’t residing in the same State.  He or she must try to decide what is in fact in “the best interest” of the children and that can be a tough decision to make due to lack of concrete information.  The judge knows one parent will have limited visitation, because of the commuting factor and he also knows that to the children this can be devastating almost like totally losing a parent. 

The judge can’t ensure that the parents will maintain a civil relationship when it comes to visitation or custody – many parents misuses and abuse the judge’s orders using them as a weapon against their ex. 

So don’t expect a bed of roses once the divorce is final – in fact you may experience a living “hell” until the children reach age of maturity.  The family law judge always hopes that both parties will consider the welfare of the children and act like adults working  together on child custody arrangements.

Contested divorces can be pretty much like playing Russian roulette with your future – one never knows until the judge passes down his or her final decision how their day in court will play out.  

The family law judge’s job is to follow the laws in their State – it isn’t their responsibility or job to punish your soon to be ex even though you feel that you’ve been mistreated during your marital relationship. 

So if you’re contemplating divorce, study the family laws in your State.  If you’re going pro se a consultation with an attorney might help you in making that tough decision or you might attend some of the workshops and divorce venues provided by your State. 

So often emotions dictate one’s actions and that in itself is pretty scary.  Treat divorce as a business transaction, get a handle on the emotions if you can and proceed with caution.

As Always,

Little Tboca

www.caseboss.com

Pro Se Litigants Wear Attorney's Hat

The face off between your spouse’s legal counsel and yourself (Pro se) isn’t a pretty picture. One is experienced in courtroom procedure, knows family law like the back of their hand and the other is in between a rock and a hard place.  So what would be the best approach for a pro se litigant when he’s going into the game with two strikes against him?

Many remember the story about the shepherd boy and Goliath – a young boy had come to the table to do a man’s job.  You can go to divorce court prepared to wear the hat of an attorney if you’re willing to roll up your sleeves, sweat and do the hard work.  

Don’t depend on a bunch of glorified advertisement about how easy it is to represent yourself in a court of law – it’s not easy.  It takes determination, resilience and the ability to acquire the tools that will allow you to present a strong case in court. 

The government site in your state will get you off to a good start, find out exactly what divorce forms are required, how to serve your spouse, what the Statute of Limitations are and determine which court in your area will hear your divorce.

The government sites usually offer support by addressing the laws on divorce with or without children, alimony, child custody, division of marital assets and most states have workshops, self help venues that are easily accessed. 

If you’re going to whip it on Goliath, then learn everything you can about family law and courtroom protocol. Don’t ever assume that the divorce judge will give you a favorable decision because you’re a good person, have been responsible and faithful to your soon to be ex. 

You need to go back several years document everything concerning the marital relationship, make three copies of the information and have hard evidence to present to the family law judge. 

Here’s an example of the “he said, she said” testimony that won’t hold up in court.  If you go to your banker and say I deposited $700 in my account last week and it wasn’t credited to my account. The banker will say, “Mr. Jones show me evidence, a receipt or proof that you made this deposit.

This is exactly what the divorce judge will say in court,” show me proof that you’ve been the primary caregiver of the children, that you’ve been a responsible party. Learn how to craft and build a powerful winning case for the judge. It’s your life, your future and the divorce judge has a small window of time to review evidence and make final decisions. www.caseboss.com hasn't launched yet and offering the use of their software free for one year - learn how to organize your documents, prepare a winning case for divorce court.  

As Always,

Little Tboca

2014 May Not be the Best Year for a Divorce

2014 will be very unpredictable for those contemplating divorce - it will be another year of Government glitches and unlawful compromises and deals. It's hard to know how Obamacare will play out in 2014, but it's a safe bet that Americans will have the Government gophers sneaking in their pocketbook and snitching their money.

Those deliberating on divorce may want to step back and review all of their options before jumping into the divorce frying pan. Obamacare has created an instability in our job market, because businesses will have to cut back employee hours to part time or just cut back on employees period.  Either way think before you jump into a divorce because your ex may not have money for alimony and not much if any for child support - he or she may be without a job.

Another factor which is huge is this: the parent who has the responsibility of providing health insurance for his family may not in fact have the finances to pay a large co pay or deductible, which in some of the Obamacare plans is somewhere between $4500 to $6000 per family member before insurance kicks in - so it may be wise to reconsider jumping into a divorce until you see what 2014 has on the horizon.

One more thing that I've written about many times is about those who are planning to represent themselves in the courtroom or going pro se.  Regardless of the reasons for going pro se, it's difficult and over 70% of those representing themselves leave the courtroom totally beaten up because they weren't prepared for their day in court.

Pro se divorce isn't  merely filling out a few divorce forms. You've decided to wear the hat of an attorney meaning it's going to take alot of studying and homework. The judge can't make favorable decisions for you if you haven't prepared your case for court. Do you know the family laws in your state?  Do you know the Statute of Limitations in your State?  Do you know how to fill out interrogatories?  Do you know courtroom protocol?  Do you know the laws in your State on serving divorce papers to your spouse?  

If your spouse has an attorney, do you feel qualified to get a favorable decisions from the judge?  There are so many unknowns when it comes to divorce, divorce judges, new State laws on alimony etc. - one must get a handle on their anger and emotions and make good business decisions when divorce is in your future.

I didn't write this article to scare anyone - it's just so very important to analyze your options before jumping into divorce.  Could you settle out of court maybe settle for collaborate divorce?  Could you and your spouse sit down together and negotiate fair terms that will benefit each of you or is there a chance that divorce could be put on hold for a while?

Lastly, remember the children in fact your priority should be the children first - so whatever your decision may be about divorce always do what is best for the children.

As Always,
Little Tboca

www.caseboss.com

Marriage - no Commitment

Marriage without a true commitment usually ends up in divorce court. Pro se divorce has become the norm – family law judges are left with the shattered pieces of a marriage and expected to deliver favorable decisions. Divorce statistics show that over half of the marriages end up in divorce. 

There was a time when shacking up, opting for single parenthood and same sex marriages wasn’t the norm – but in 2013 Americans participate in all of the above without ever considering consequences. Children raised without a father’s influence is the norm – somewhere around 20 to 30 million children are without a father figure.

"Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless." 
Fortune Magazine

Georgia Supreme Court Chief Justice Leah Ward Sears said recently, “ children born to unmarried women and to those in cohabiting relationships "must often overcome increased risks of poverty, education failure, child abuse, delinquency, emotional distress and mental illness."……the lack of a father's guidance in children's lives is a major cause of their suffering. "Marriage is the best child welfare, crime prevention, anti-poverty program we have," 

Isn’t it ironic that two consenting adults ignore the horrific consequences that occur from their selfish desire to do as they please without taking responsibility for the children that they bring into this world. 

As the norm changes so do the traditional values once associated with marriage.  Love, honor and obey till death do us part has been relegated to the ancient history shelves – the nonchalant attitude in many marriage isn’t based on vows but on convenience, material things and finances.  It’s sort of the old adage that two heads are better than one – two paychecks, a bed partner and a path to materialism.

Both parties enter the marriage with a “try it see if we like it” attitude actually the only commitment if one could call it that is we’ll give marriage a try, but divorce is their get out of jail free card. 

A High Court family judge, Sir Paul Coleridge suggests couples should not have children unless they have a stable relationship. Divorce is at epidemic proportions and is once again the norm in the USA. Something is definitely wrong with this picture. 

No one is pointing their finger at the people who wish to cohabitate, but everyone should be concerned for the children from these adults who are left to fend for themselves.  They’re the latch key kids or the children who are raised by the daycare technicians and schools – is it any wonder that this group of children struggle in their adult lives? 

As Always,

Little Tboca

www.caseboss.com

Judge Speaks About Pro Se Divorce Litigants

www.caseboss.com

 

 

 

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

Pro Se Litigants Can Beat the Odds

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

Before Going Pro Se - Divorce

Pro Se Divorce - A Difficult Choice



The decision to represent ones self in divorce court is a difficult choice for several reasons. For some it’s a money issue and for others it’s a personality conflict between themselves and their attorney or they feel they can do a better job on their own. The most difficult problem for a pro se litigant is knowing how to work within the judicial system.

The perfect divorce if one could refer to it as that is when both parties actually agree on division of property, assets and financial obligations. Usually when children involved, both parents want to share custody and agree upon joint custody. This is the perfect scenario for those who want to do it themselves without intervention from the courts. 

The pro se litigant who believes he or she will do a stellar job representing themselves has many obstacles to overcome. Very few of these people realize that they have just undertaken a job that will require hours of study and homework. The entire divorce process requires a certain amount of legal knowledge and the ability to control one’s emotions.

Lets assume you have filed your divorce papers timely. You know about the Statute of Limitations, how to legally serve papers on your spouse and understand how to draft and answer interrogatories. But, the big question remains – do you know how to work within the Judicial system and build a winning case. The bottom line is this – have you created a case that will insure a decision in your favor from the judge. 

There’s a reason that judges and the American Bar Association say that pro se litigants often times lose more than they should in divorce court. Most pro se litigants don’t know how to work within the Judicial system, signatures and the Statute of Limitations are forgotten, interrogatories aren’t completed properly. Pro se litigants end up in court totally unprepared because they don’t understand the intricacies of building a powerful case for their day in court. 

Remember you have one day in court and one small window of time to present your case to the Judge. Nobody cares about your case more than you do. Finding yourself in court can be a scary and frustrating experience.

www.caseboss.com is offering free assistance to people who are contemplating or going through a divorce.  Don’t go to court with your pants down – the caseboss team will show you how to build a powerful case for your day in court. 

Just one click of the mouse is all it takes. Go to www.caseboss.com

As Always,

Little Tboca

www.caseboss.com

Roadblocks for Pro Se Litigants 2013

Divorce litigants are facing extreme almost insurmountable roadblocks in 2013.  Before filing for divorce it’s important to understand what lies ahead.  Judges have a backlog of divorce cases and their courtrooms are clogged due to the fact so many litigants are trying to represent themselves in the courtroom. 

Each year courts are facing financial pains – their funding continues to be slashed, staff must be reduced or furloughed and some courts are closing their doors or adjusting hours.  Along with the financial problems, courts have been clobbered with pro se litigation.  People are trying to save money via self representation and/or they believe they have the ability to master the family law divorce laws and follow courtroom etiquette and procedures. 

Clogging in the courtroom comes from a variety of errors made by pro se litigants.  Many are not taking the time to file correctly for divorce following the Statute of Limitations.  Many don’t know how to fill out or take the time to answer interrogatories, ask for temporary orders or even complete divorce forms correctly.

Signatures are missing, papers not served on spouse timely; consequently pro se litigants may have their case dismissed or walk out of the courtroom with an unfavorable judgment.   

Many pro se litigants fail to prepare their case correctly or just assume that they will sit down and have a friendly little chat with the judge and a case isn’t really necessary.  Pro se litigation is becoming an epidemic that is heading south by the day. 

By law you have a right to represent yourself, but by law you also have a responsibility to study family law and learn how to prepare a favorable case for your day in court.  Court staff can’t give you legal support, no one is standing around to pick up the pieces for you – self representation requires hours of study and homework. A low percentage of pro se divorce cases have a favorable outcome. Pro se litigants can’t keep blaming the attorneys, judges, court staff or the system for their failures.

Here is one solution for divorce litigants – www.caseboss.com  This is a company getting ready to launch that is offering free assistance for one year to litigants who want to build a powerful divorce case for their day in court.

Their team will respond quickly to your inquiries or questions – but the bottom line is this: (1) No one cares as much about your case as you do, (2) You have taken on the job of legal counsel, and (3) There’s no easy way to win a divorce case in court.

As Always,

Little Tboca

www.caseboss.com



Marketing Divorce

 "Divorce" is marketed  almost like the company that sells  "Stuffies" for kids. It's the latest and greatest gift for adults - the way to dump the spouse, buy a showroom model and get back all that new fangled "freedom" you once had - its a "fad" that everyone raves about... Everyone is doing it, well not everyone but about 50% of all marriages end up in divorce.

You see ads for the quickie "do it yourself" divorce which would lead one to believe that if you jot your John Henry down on a few papers you're free as a bird. It's a slick way to remove the burdensome clutches of a mate that you no longer like or want in your life - almost as good as a "get out of jail" free card.

Then there's the sites selling divorce forms for a small fee along with a dab of assistance- this type of merchandising is sort of like shopping for car insurance, just dial in the price you want to pay and it's a done deal. It's a case of if it looks too good to be true it probably is...

One of the worst problems is the sites advertising "pro se" divorce showboating your right to represent yourself without legal counsel.  All you gotta do is just download the forms, fill them out and trot right off to divorce court - this leaves the pro se litigant at the mercy of the court. This is true,  pro se divorce is legal, but full of loopholes if one doesn't accept the responsibilities that accompany this right.

So many of the divorce videos are just like a Saturday Night Live divorce satire - short on information and long on "crazy."  The movie star divorces are truly a different cat and their divorce shenanigans can't be compared to the average divorce. The stars love the publicity and have an unlimited amount of money at their finger tips - they hire the high powered attorneys, keep a continuing dialogue with the news media and spend their spare time posing for pictures.

So back to divorce - isn't it time to concentrate on positive avenues that might prevent divorce?  Here's something to dwell on for a bit...

What I've Learned

I've learned that you cannot make someone love you.
All you can do is be someone who can be loved.
The rest is up to them.

I've learned that there are people who love you dearly,
but just don't know how to show it.

I've learned that just because someone doesn't love you the way you want them to, it doesn't mean they don't love you all they can.

I've learned that we don't have to change friends
if we understand that friends change.

I've learned that two people can look at the exact same thing
and see something totally different.

I've learned that just because two people argue,
it doesn't mean they don't love each other.
And just because they don't argue,
it doesn't mean they do.

- Omer Washington

As Always,

www.caseboss.com

Little Tboca