Statistics from courts around the Commonwealth show a tremendous increase in the number of people who represent themselves in divorce cases. It’s perfectly legal to represent yourself, but it is very difficult. Unless you have an ability to grasp legal concepts, it will be hard to master such issues as the rules of procedure, discovery and how to best use evidence. 

When you represent yourself in a family law matter, you are held to the same standard as an attorney. This applies to your preparation of paperwork and your conduct at all hearings. Your lack of legal knowledge may cause you to make serious errors in handling your case.

Many judges dislike unrepresented parties. Even experienced divorce lawyers hire experienced divorce lawyers for an objective opinion. Many unrepresented people who think they have a great case find out otherwise after a judge rules against them because they can’t tell the judge everything they want to because of the rules of evidence. Moreover, if you don’t have a lawyer but your spouse does, their lawyer can ask you whatever questions they want and there is nobody to object to those questions but you. If you don’t know when to object, you might answer questions you don’t have to and unwittingly damage your case.

What most unrepresented litigants later learn, you not only have to be able to argue your case persuasively in front of a judge but, armed with strategies and legal facts, be able to confront your spouse and their attorney calmly and professionally. 

It’s also hard to emotionally distance yourself enough so you can be objective. It takes enormous discipline to act calm and rational when you are emotionally invested, but falling apart or blowing up will only hurt your case. The best representation generally comes from a dispassionate third party, such as a skilled divorce attorney.

Don’t consider representing yourself if you are frightened of your spouse. Mediation is another way to cut your legal costs, but again, you will want to confer with a lawyer to get some guidance.

Even if you are thinking of representing yourself, consult with an attorney to find out what your legal rights are and what action you should take to protect those rights. A couple of hours of a lawyer’s time could save you a lot later. 

The Massachusetts Family Law Group is a statewide network of divorce law offices and family law attorneys dedicated to defending the legal rights of men and women relating to their domestic relations matter. 

Each of our six offices across Massachusetts offers no-obligation consultations starting at 5am during the week and all weekend long. 

Call (800) 910-DIVORCE or contact us for an appointment in Springfield, Worcester, Norwood, Andover, Plymouth or on Cape Cod.