When you are pro se (meaning “for oneself”) in a legal action, you represent yourself directly in the case. In Florida Family Law cases, there is no law requiring representation by an attorney, so you certainly can represent yourself – but should you? Probably not, and for three main reasons: 1) Family Law issues are highly personal and usually evoke strong emotions at a time when you need to think cooly and logically; 2) You don’t know what you don’t know; 3) You probably think you’ll save time and money by representing yourself, but there’s a good chance you’ll save neither.
I recently had a consultation with a woman who was divorced a couple of years ago and wanted to see what could be done to get her alimony now. She had let her former husband handle the divorce paperwork. She explained she didn’t really understand what she was entitled to or what she was signing. The Former Husband used standard forms and rushed the Former Wife into signing. The Former Wife said she did think about consulting with an attorney at the time, but the Former Husband was rushing to get it done and she acquiesced because she was so emotionally drained from all the marital discord, she just wanted everything over. Unfortunately, she unwittingly forever gave up her right to the alimony which she was entitled to and very much in need of. It was difficult to have to tell her that there is nothing to be done about it now as there are limited grounds to seek relief from a final judgment in a Florida Family Case and the facts of her case did not lend themselves to such relief.
I’ve had several consultations like this where I have had to deliver the bad news that it’s too late for us to help and most Family Law attorneys would probably say the same. When I inquired why they did not hire an attorney, the reasons provided are usually along the lines of: they had always let their ex-spouse/partner handle the paperwork and finances; they wanted it over quickly; they didn’t want to waste money on lawyers, etc. Ironically, after they realize they have unwittingly waived their rights or are left with ambiguous marital settlement agreements or parenting plans that lead to continued turmoil for the family, they are now finally willing to pay an attorney and take the time to resolve the problem when it’s just too late.
Family Law is a specialized practice area, rife with traps for those not well-versed in its statutory and case law and its specific rules as well as the local and general rules of practice. It is understandable, then, that a lay person’s foray into the Family Law arena would go about as well as the average Family Law attorney performing a Craniectomy.
Don’t go it alone in your Dissolution of Marriage, Paternity, or post-judgment action. Call the Rice Law Firm and speak to one of our Family Law attorneys, because, as the old adage goes: “A man who is his own lawyer has a fool for a client.”