QUESTION
How will the court view self representation in a divorce?
Asked on Mar 27th, 2013 on Divorce - Michigan
More details to this question:
Question, in a bitter divorce that has gone over 2 years and where no agreements can be reached on custody and assets, one party suddenly drops their attorney and now represents themselves going into the divorce trial hoping to plead they were too broke and had to do this because the other party controlled the funds, therefore is throwing themselves to the mercy of the courts. In this scenario, how would the court or judge likely view the party who now represents themselves? Could this be a big plus or a big minus for them? Thank you.
10 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Courts do not like self representation and given the history it should not matter much.
Answered on Mar 29th, 2013 at 5:42 AM
Appearing on your own when the other party is represented generally places you at a great disadvantage. The court, whatever it's sympathy, must apply the rules consistently to both parties.
Answered on Mar 29th, 2013 at 5:42 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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It has no bearing. Judges are unbiased. The Judge makes his/her decisions based on the evidence presented. The court cannot assist a self-represented party. When someone represents themselves they stand in the shoes of an attorney. They must follow all the rules of court and understand courtroom procedure. However, they may ask the Judge to award attorney fees if they can show they cannot pay legal fees and the other party has the ability to pay.
Answered on Mar 29th, 2013 at 5:42 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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In contested domestic actions (even in most uncontested matters), the courts typically prefer that all parties are represented by legal counsel. It is very annoying for the court to have "pro se" litigants who don't know the law, the rules of evidence or court procedure. In a divorce action, both parties are required to engage in the exchange of discovery which includes, among others, financial statements, certain employment records, pay documentation, etc. Unless a party is falsifying financial data, the court should have a fairly accurate picture of the financial state of the parties. The fact that one party is unrepresented will not garner mercy from the court. If anything, it would not be beneficial for the unrepresented party.
Answered on Mar 27th, 2013 at 5:10 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer depends on many factors, including how the judge thinks about the parties based on prior hearings, the contents of the Financial Disclosures, and how generally nice and cooperative the person appearing for her- or him -self may be.
Answered on Mar 27th, 2013 at 3:56 PM
John Arthur Smitten
You should have a lawyer if not then make sure you are prepared, prepared, prepared.
Answered on Mar 27th, 2013 at 2:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on how good the person is representing themselves. If they know what they are doing, obey the rules and present their case well, it probably won't matter. Given that the situation is more than likely going to be the opposite, I think the judge will be tired of the shenanigans and rule against the person.
Answered on Mar 27th, 2013 at 1:21 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Judges much prefer the parties be represented by counsel. I suggest you hire a lawyer.
Answered on Mar 27th, 2013 at 1:20 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If there is actually a dire need for attorney fees, the party without means should look into obtaining a court order directing the other party to pay toward their attorney fees. However, if there isn't any money, they will be held to the same standard of following the law and the rules of evidence as the attorney (some Judges may give a little slack on this, but technically they are held to the exact same standards). Therefore, the party without an attorney is likely at a big disadvantage because they won't be as schooled on exactly what the Judge is looking for, how to present evidence, which questions are proper, and which are questions and evidence are objectionable.
Answered on Mar 27th, 2013 at 1:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the Court finds that one of the parties did indeed control the assets and income and has abused that power it will, in Michigan, order the offending party to pay all or part of the other parties costs of representation. The Courts like attorneys because they generally are a help to the Court in getting the process done.
Answered on Mar 27th, 2013 at 1:19 PM