You might already know this. There is no law that prevents you from representing yourself in a divorce. This doesn’t mean that it’s necessarily a good thing. In fact, self-representation comes with its share of hidden danger.
A recent New Jersey Appellate Court unpublished opinion underscores some of the issues that can come up when one party does not have experienced legal counsel. The parties in this matter are named Doris and David Brown. Court documents indicate that Doris retained an attorney. David’s designation as pro se means that he chose to represent himself in the court proceedings.
We’ll give you a brief history of the case. When the divorce complaint was filed, the couple had been married for eleven years and had a son together. As part of the proceedings, Doris’ attorney filed a pendente litemotion requesting in part, that David be required “to make mortgage payments on the parties’ properties and reimburse plaintiff for living expenses and litigation fees.”
David did not respond to the motion and a court order was granted in his absence. When David failed to comply with the mandates ordered by the judge, Doris’ counsel filed new court documents requesting enforcement.
About a month after the filing of the enforcement motion, David submitted papers to the court. He claimed that he never received the original notice of the motion. Proof was submitted to the court that showed that the documents were signed for at his office. The service acknowledgement signature was illegible, but the name “David” was printed on the document.
You might want to read the court’s opinion regarding the rest of the history of this case. In the end, it was decided that David was properly served with the motion papers. It was determined that David also knew of the court order soon after it was entered. David could have filed a motion for reconsideration within the time period prescribed by court rules.
Since David was self-represented, the motion judge took the time to explain court procedure to him. It was also suggested that the matter was complex and that David should seek legal advice. David argued that following the rules was “virtually impossible” due to work and child care commitments. It was found that “the standard for following court rules does not change for those who represent themselves.”
The Dangers of Self-Representation in Divorce Proceedings
Abe Lincoln is credited with the old adage that “anyone who represents himself has a fool for a client.” Even some attorneys resist the temptation to represent themselves for this reason. Here’s a quick list of some dangers in representing yourself in a divorce:
- Improper or incomplete filing of court documents
- Missing time deadlines
- Misappropriation of equitable distribution
- Issues with parenting, custody and child support
- Concerns about alimony obligations
Contact Us
At the Law Offices of Sam Stoia, we are experienced in handling the many facets of divorce cases. There is no charge for our initial consultation. Contact us to learn how we can help you with this very important transition in your life.