Tips for Representing Yourself in Divorce Court
It has become more popular for people to represent themselves in divorce court. If you’re considering representing yourself in your divorce, there are some things you should know.
A person who represents themselves is called “pro se”.
A pro se party is expected to know the law and the rules of court. Therefore, to effectively represent yourself, you should have the following basic knowledge:
Here are some research sources you should be familiar with:
Your Research Plan:
Decide Your Legal Questions: Break your search down into specific and narrow questions.
You should follow this advice from a contributor on Reddit: “Jot down questions, look into them. I had a consultation with a divorce lawyer by phone for a fee, which I also found beneficial.”
A person who represents themselves is called “pro se”.
A pro se party is expected to know the law and the rules of court. Therefore, to effectively represent yourself, you should have the following basic knowledge:
- how to start a divorce case
- what documents you need to file and with whom
- how to prepare and write documents to be filed
- how to get your case into the courtroom for a hearing or trial
- what information you are entitled to receive and the correct method for requesting it
- the issues involved in child custody/visitation (parenting) decisions
- the issues involved in dividing property
- the issues involved in awarding alimony
Here are some research sources you should be familiar with:
- Florida Rules of Civil Procedure
- Florida Family Law Rules and Forms
- Black's Law Dictionary
- Florida Statutes Annotated
- Southern Reporters (case law)
Your Research Plan:
Decide Your Legal Questions: Break your search down into specific and narrow questions.
- Categorize Your Questions
- Is your question substantive or procedural?
- What area of family law does it relate to? (i.e visitation, support)
- What possible subtopics does your question relate to? (i.e. out of state visitation)
- Use Background Materials: Background materials will help you narrow and categorize your questions. They will also help you locate statutes, rules, and cases related to your questions.
- Find the Statutes
- Find Cases
- Make Sure You Have Current Cases
You should follow this advice from a contributor on Reddit: “Jot down questions, look into them. I had a consultation with a divorce lawyer by phone for a fee, which I also found beneficial.”