How to Represent Yourself in Family Court
Regardless of the state, you are not required to hire an attorney to represent you in family court. You may choose to represent yourself for any reason. Self-representation is called "pro se," which means "for oneself" in Latin. Although self-representation is cheaper than hiring an attorney, you will not receive an advantage or special treatment by the court. Instead, the court will expect you to understand the rules and procedures.
- Difficulty:
- Moderately Challenging
Instructions
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1
Complete the necessary paperwork. The paperwork you need will depend on the type of legal action. For example, when filing for divorce or custody of minor children, you will need to complete a petition for divorce and specify whether you are requesting custody of minor children or child support. Forms vary according to state and the type of case you file. Ask the court clerk for the appropriate paperwork. The clerk can provide you with this information but cannot offer legal advice.
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File your court documents with the family court clerk. If, for example, you are requesting a divorce and child support, you will file a petition that requests a divorce and specifies the amount of your child support request. You will also need to submit the appropriate filing fee with your initial filing. So that the other party receives notification of the case and has the opportunity to file a response, you will also be responsible for serving the documents you filed on the appropriate party. Check the laws in your state to determine the proper method of service of process.
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Collect the documents you will bring to the hearing. You should obtain documentation that supports your position. For instance, if the case deals with child support, you will need to bring tax returns, pay stubs and bank account statements.
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Learn the rules of the court. Although you are representing yourself, the court still requires that you know the court rules. The judge may offer limited assistance, but generally, your lack of knowledge does not excuse your behavior in court. You can obtain the rules from the court clerk. Study and become familiar with them prior to your court date.
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Represent yourself at the hearing. Since an attorney does not represent you, you will be responsible for presenting your case to the judge. Be prepared to present the judge with the documents you collected in support of your case. During the hearing, do not speak out of turn, be responsive when the judge asks a question and address the judge as "your honor."
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Tips & Warnings
Prepare your case. You can find information online. Identify your issues and find answers to your questions.
Make a basic outline - one page, tops - of the major points you want to tell the judge, as well as what you want the judge to do.
Gather important documents and make copies. Bring at least one set of copies with you. If you are referring your documents in Court, the judge may ask you to provide him or her with a copy.
Ask for help at the Courthouse if you need assistance filing your petition. Many courthouses have offices for 'self-represented' litigants staffed by clerks who can assist you.
Be sure to understand your state's rules for serving the summons.
Inquire about any court fees that may be due.
Appear for your Court date on time and dressed appropriately. Let the Court officer know that you are there.
Address the judge respectfully and wait to speak until it is your turn.
State your case simply and clearly, using your outline if needed. Do not try to sound like a lawyer - judges hate that.
Consider mediation if available and appropriate. Ask the Court if it provides free or low cost mediation services. Some courts require attempts at mediation before facing the judge.
Be sure to obtain a Court Order. Check it to make sure it is accurate.
Pro-se litigants (those who represent themselves in Court) are expected to act as their own attorneys. In general, Court clerks do not provide legal advice, although they may help with procedural matters.
Preparing your case is the key to getting good results. You need to be assertive - but not rude - in Court. Having your papers in order and a brief outline in front of you can give you confidence.
Ask the clerk if there are any Court fees you have to pay. If you can't afford to do so, ask if there is any help for those who can't pay.
If you can't afford an attorney but would like to have one, ask the Court if they provide 'assigned counsel' for those who can't afford a lawyer. If so, be prepared to show proof of your need.
Check your final order to make sure it is what you agreed on in Court. Bring any errors to the Court clerk's attention as soon as they are discovered.
