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Self-representation In a Divorce Action

There is no requirement that parties to a divorce action hire an attorney to represent them during the divorce proceedings. Either party or both parties may represent themselves during their divorce proceedings. Whether one chooses to represent themselves or hire an attorney, it is a personal choice. One should weigh the advantages and disadvantages involved in self-representation.

Advantages

One may believe that there are a lot of advantages to self-representation. The biggest advantage to self-representation is the cost. The party does not have to pay an attorney to draft or file any documents. Further, the party representing themselves may do research to gather information on the divorce procedures in her state. The party may also purchase a kit explaining divorce procedures. Typically, the party may obtain the necessary forms from the court or may download them from the Internet. The party may also feel like they can complete the divorce process in a more expedient manner without the assistance of an attorney.

Disadvantages

There are numerous disadvantages to self-representation. First, if the opposing party has retained an attorney for representation during the divorce proceedings, the self-representing party is required to deal with the opposing party’s attorney. Dealing with an attorney as a lay person may be very difficult. Also, the attorney knows information about the divorce process that the lay person generally does not know. Second, attorneys are knowledgeable about courtroom procedures and lay people generally are not. It may be very difficult for a party to enter a courtroom, which may be intimidating, and represent himself or herself before a judge. Third, if the party opts to represent themselves, they may be harboring a lot of anger, sadness, or may be in a fragile emotional state and may not be able to effectively represent themselves. Fourth, if a lot of discovery is required during the divorce proceedings, the self-representing party may have a difficult time complying with the discovery requests and may not know of all of the potential discovery tactics. Last, the self-representing party may not be aware of all of the tactics used in divorce proceedings with respect to, among other things, dividing property and debts. Although the court has an obligation to ensure that any type of divorce settlement is fair and equitable, the court is not only looking out for the self-representing person, they are also looking out for the opposing party, whether represented or not.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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