Do It Yourself Divorce Law
The same divorce laws apply to anyone who chooses the do it yourself approach to filing. Retaining a lawyer
for legal representation is a right, but not mandatory, and each person may select self-representation (proceed
pro se) if deemed qualified by the presiding judge. In practice, few judges disqualify any person from
acting as their own lawyer based on lack of legal knowledge -- basic competence is required. Nevertheless the
saying endures: any lawyer who represents themselves has a fool for a client. This saying is doubly true for
non-lawyers in out age of legal specialization interpreting complex nuances of the law.
Do It Yourself Divorce Law - Forms
State bar associations publish family practice manuals intended for use by lawyers. These manuals contain
forms for petitions, motions, temporary orders, discovery, jurats, affidavits, decrees, protective orders,
custody orders, and final decrees just to name a few. Each year, a sub-committee appointed by the state bar
family law sections selects a panel of highly qualified member/lawyers to update divorce law comments & forms
and recommend acceptance by the judiciary. Updates are intended to incorporate all changes in the law occurring
throughout the year. Software programs and do it yourself divorce kits rely heavily upon family law manuals for
their updates as well. Most law libraries allow public access to these manuals as reserve resources (not for
check out).
Do It Yourself Divorce Law - Substance
If you do it yourself, divorce law requirements generally include the same level of proof as in all other
civil matters: "by a preponderance of the evidence." This standard is less than the criminal standard ("beyond a
reasonable doubt"). All elements of cause of action included within applicable divorce laws must be both
plead and proved. In addition, the rules of civil procedure, rules of conduct, and local rules of court are
incorporated by reference by applicable divorce laws and must be obeyed to avoid potential sanctions or
dismissal (especially statutory deadlines). In some instances judges allow parties proceeding pro se more
leniency. Frequently however, requirements are absolute and a violation of any divorce law or rule must result
in dismissal.
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See Also:
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