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Excerpt from Heart of Divorce, Advice from A Judge
Chapter 4. Representing Yourself
Question: When is it okay to proceed pro se, that is, to be your own lawyer?
Answer: When you know what you are doing.
Most judges don’t like to see a pro se
litigant walk through the courtroom door. Most pro se litigants do not know what they are doing and therefore cause the day’s docket to back up. In my court, I had a sheet of paper that one signed if one wanted an
uncontested divorce heard during “uncontested” time from 8:30 a.m. to 9:00 a.m. daily. (This varies from court to court, check with your court’s coordinator or get a copy of the local rules from the court clerk to
find out the details in your area.) When it is the pro se litigant’s turn, I frequently found several things to be a problem:
1. The petition is not in proper form.
2. There is no service on respondent or no waiver signed. 3. The waiver is signed before the petition is filed instead of after. 4. The waiting period has not passed. 5. The decree is not in proper form.
6. If children, the child support provisions are not correct. 7. If children, the periods of possession are not set out correctly. 8. If property, the division is not clear.
9. Various provisions may be drawn in such a way that they are unenforceable. 10. The decree may recite that the parties have an agreement, but there is no signature of the spouse on the decree or any separately
signed agreement. 11. The litigant doesn’t know how to go through prove up. (This may or may not be required in your area.) 12. The state required statistical forms are not completed.
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