Can you do it all by yourself?

In the current economy, many people are trying to find ways to cut back financially – trying to save a few dollars here and there. Sometimes people feel that they can save money by trying to represent themselves in Court.

Many courts have departments that will assist people with the filing of the correct paperwork to represent themselves. This is not uncommon in such areas as Landlord/Tenant or Housing Court or in what is commonly referred to as “small claims court”. In Philadelphia, this is Municipal Court.

It is also not uncommon for someone to represent him or herself in a domestic relations matters. Courts frequently provide assistance in child support, domestic violence, and child custody matters. In Philadelphia, and I suspect in many other jurisdictions, the Court does not, however, provide a lot of assistance in divorce cases. This does not stop people from trying to represent themselves. Just ask actress Tia Carrera, who initiated a divorce action herself.

Divorce cases tend to be very jurisdiction specific. Although the law is the same in all counties in Pennsylvania, for example, the procedure varies somewhat between counties. Counties have different filing fees and different cover sheets that must be filed with a divorce complaint. All of the relevant claims (property division, alimony, etc.) must be properly raised in the divorce action or the claims may be waived and lost forever. Once a divorce decree is entered, for example, a spouse loses all rights to the other spouse’s retirement benefits. A house that was jointly titled during the marriage would be owned by both parties equally after a divorce decree is entered if title was not transferred to one part before the decree was entered.

Divorce matters can also have strict filing deadlines as well. Attorneys who practice family law are expected to know these deadlines and other filing requirements. A layperson is not likely to understand such nuances in the procedure. Despite how the media may portray it, a divorce is rarely as simple as each person signing a piece of paper and then its over.

It is always best to have an attorney to advise and guide a person through the divorce process. Savings a few dollars at the beginning of a case can cost a party much, much more when someone has to step in and correct any mistakes. Someone once said that someone who represents himself has a fool for a client. Hopefully, that will not be you.