Representing Yourself in Family Court
I receive over 100 letters/e-mails a week from Fathers nationwide and am frequently asked a variety of questions on the topic of attorney's and representing yourself in family court.
Many have asked, "Do I need an attorney or can I represent myself?" Many also ask, "What if my EX has an attorney and I don't? "Will the Judge 'look down' on me IF I don't have an attorney?" These are all valid questions that deserve an answer.
The answer to the first question is: YES, Absolutely you can! BUT there is a VERY BIG "IF" attached to this question.
You CAN be successful in family court representing yourself IF: IF you know where to go; what to say; what to do; how to act.
IF you know what NOT to say and/or do.
IF you know what to file, when to file and where to file with the court.
IF all of your paperwork including pleadings, forms, affidavits, declarations, motions, petitions, exhibits and attachments have ALL been properly completed, filed and served.
IF you understand the court's rules and civil procedure.
In other words you CAN successfully represent yourself without an attorneyBUT you will need legal help and navigation.
Since I began offering Fathers Rights legal assistance 17 years ago I keep hearing the same recurring statements about family law attorneys.
-"I can NEVER get a hold of him and he NEVER calls me back" -"He never responds to my messages" -"It seems like my attorney isn't doing anything for me.
" -"The only two times I saw my attorney is the day I paid him and the morning of court.
It was like he hadn't even looked at my case file.
" -"My attorney charged me $3,000.
00 and didn't do anything.
" -"My attorney talked a great game in the beginning BUT after I paid him he didn't do ANYTHING he said he would do.
My case turned out completely different that what he predicted.
" -"I just don't have the money to continue with my attorney.
" If you have ever had a family law attorney I am sure you strongly identify with these remarks.
Here is the GOOD NEWS: Most states have recently become "self help/user" friendly.
Wherefore a very high percentage of family law cases are successfully resolved withoutan attorney.
Furthermore, most states have low cost/no cost self help legal options available depending on the legal requirements of your case.
These options often include document preparation, court filing and process service.
A word of caution: Although many states are self help/user friendly do not be mistaken.
You cannot simply fill out a bunch of papers and file them with the court so that you can tell the Judge your side of the story.
I'm afraid it isn't that easy and in fact, it is legally dangerous! To be successful in family court requires case evaluation and analysis, legal knowledge and planning, strategy and guidance and most important; on going legal navigation.
It requires the formulation of a sound "legal game plan" and its proper execution.
It requires simple legal knowledge of the Domestic/Family code, case law and rules of court procedure.
When everything you need to learn/know has been accomplished and a "legal game plan" developed then you can concentrate on acquiring accurate and precise document preparation, court filing and process services.
One final word: Whether you decide to retain an attorney or represent yourself you must learn how the family court system works .
Family law is VERY different than other forms of law wherefore you must become PROACTIVE and take charge of your own case.
You CANNOT simply throw money at an attorney and expect him to help you.
The truth is unless you take control of your own case and learn how the system works no attorney or other legal professional can ever help you!On the other hand if you decide to hire an attorney you will ultimately benefit from learning the system.
Hiring an attorney is much like the "horse and rider" analogy.
If the horse knows that the rider (inexperienced) does not know what they are doing, the horse will take you on a wild and expensive ride to a destination your never wanted or expected.
You must learn how to communicate with your attorney.
Remember, the attorney works for you, not the other way around! A family law case stays open forever therefore you must commit to learning the steps you can take NOW to win or, at least, significantly improve your case.
Again take the time to learn the rules of the game before you play.
You can be sure your Ex has!
Many have asked, "Do I need an attorney or can I represent myself?" Many also ask, "What if my EX has an attorney and I don't? "Will the Judge 'look down' on me IF I don't have an attorney?" These are all valid questions that deserve an answer.
The answer to the first question is: YES, Absolutely you can! BUT there is a VERY BIG "IF" attached to this question.
You CAN be successful in family court representing yourself IF: IF you know where to go; what to say; what to do; how to act.
IF you know what NOT to say and/or do.
IF you know what to file, when to file and where to file with the court.
IF all of your paperwork including pleadings, forms, affidavits, declarations, motions, petitions, exhibits and attachments have ALL been properly completed, filed and served.
IF you understand the court's rules and civil procedure.
In other words you CAN successfully represent yourself without an attorneyBUT you will need legal help and navigation.
Since I began offering Fathers Rights legal assistance 17 years ago I keep hearing the same recurring statements about family law attorneys.
-"I can NEVER get a hold of him and he NEVER calls me back" -"He never responds to my messages" -"It seems like my attorney isn't doing anything for me.
" -"The only two times I saw my attorney is the day I paid him and the morning of court.
It was like he hadn't even looked at my case file.
" -"My attorney charged me $3,000.
00 and didn't do anything.
" -"My attorney talked a great game in the beginning BUT after I paid him he didn't do ANYTHING he said he would do.
My case turned out completely different that what he predicted.
" -"I just don't have the money to continue with my attorney.
" If you have ever had a family law attorney I am sure you strongly identify with these remarks.
Here is the GOOD NEWS: Most states have recently become "self help/user" friendly.
Wherefore a very high percentage of family law cases are successfully resolved withoutan attorney.
Furthermore, most states have low cost/no cost self help legal options available depending on the legal requirements of your case.
These options often include document preparation, court filing and process service.
A word of caution: Although many states are self help/user friendly do not be mistaken.
You cannot simply fill out a bunch of papers and file them with the court so that you can tell the Judge your side of the story.
I'm afraid it isn't that easy and in fact, it is legally dangerous! To be successful in family court requires case evaluation and analysis, legal knowledge and planning, strategy and guidance and most important; on going legal navigation.
It requires the formulation of a sound "legal game plan" and its proper execution.
It requires simple legal knowledge of the Domestic/Family code, case law and rules of court procedure.
When everything you need to learn/know has been accomplished and a "legal game plan" developed then you can concentrate on acquiring accurate and precise document preparation, court filing and process services.
One final word: Whether you decide to retain an attorney or represent yourself you must learn how the family court system works .
Family law is VERY different than other forms of law wherefore you must become PROACTIVE and take charge of your own case.
You CANNOT simply throw money at an attorney and expect him to help you.
The truth is unless you take control of your own case and learn how the system works no attorney or other legal professional can ever help you!On the other hand if you decide to hire an attorney you will ultimately benefit from learning the system.
Hiring an attorney is much like the "horse and rider" analogy.
If the horse knows that the rider (inexperienced) does not know what they are doing, the horse will take you on a wild and expensive ride to a destination your never wanted or expected.
You must learn how to communicate with your attorney.
Remember, the attorney works for you, not the other way around! A family law case stays open forever therefore you must commit to learning the steps you can take NOW to win or, at least, significantly improve your case.
Again take the time to learn the rules of the game before you play.
You can be sure your Ex has!