You Absolutely Have the Right to Represent Yourself in a Divorce Matter

There is no question about it, each person has the right to represent him or herself pro se litigant in a matrimonial matter in the State of New Jersey. In fact, there are many books on the subject of representing oneself in a Court of Law and forgoing the use of attorneys. In the last decade there has been a trend toward people representing themselves and employing services such as the divorce centers. These particular centers advertise themselves as a low cost alternative to a simple divorce in the State of New Jersey. This may come as a shock to many readers, but I recommend that a person use either the services of a "divorce center" type of business or represent themselves ONLY IF the issues of the case are either incredibly simple or of little or no consequence whatsoever. This becomes apparent in an extremely short term marriage where there is no debt, no assets, no children and no issues of alimony. It is in those particular circumstances, and those circumstances only, where, in my opinion, it would be appropriate for a person to represent him or herself in a divorce action.

First off, there is a plethora of case law on each particular issue and formulas with regard to calculations on many issues. A pro se litigant is held to the same standards as an attorney and is given no special help from the Court or when proceeding on behalf of him or herself. Therefore, that same litigant would be expected to know what the formulas are and advocate what the formula and calculations should be. This could amount to a mistake in thousands of dollars if calculated incorrectly. For example, when calculating a child support guideline, the inadvertence to calculate medical insurance premiums within the child support guidelines can amount to a mistake of hundreds of dollars per month. Calculate that mistake over the eighteen year period of a child and you could have paid for a team of attorneys to represent you in that particular hearing. That is why when I counsel potential clients on the phone, the old Shakespearean saying from the Merchant of Venice of not being "penny wise and pound foolish," often crosses my lips. While it may be true you could be saving sometimes thousands of dollars by not hiring an attorney and representing yourself, the risk is that you can lose thousands of dollars in the long run if you make a simple mistake such as failing to calculate insurance expenses, failing to calculate child support on other children not of the marriage, or failing to calculate alimony payments, to name just a few.

An attorney who practices matrimonial law on a daily basis is well versed on issues of child support, alimony, equitable distribution, etc. This is what we, in the Matrimonial Bar, do every day. In fact, many in the Matrimonial Bar also participate in additional seminars and are members of social groups committed to excellence in the field of matrimonial law. A pro se litigant on the other hand must have the ability to detach him or herself personally from the stress that he or she may be going through with the dissolution of the marriage and then be expected to proceed at the same level of an attorney at a particular hearing. The cards are, no doubt, stacked in favor of the person being represented by an attorney.

Therefore, while every person has the right to be a pro se litigant, depending upon the issues and the complexity of the dissolution of marriage, decisions to proceed pro se should be limited to certain circumstances where there are no issues whatsoever to be litigated or advanced during the pendency of the action. I have encountered many situations where persons present themselves to my office not knowing how to pay for a legal retainer for the retention of our law firm, and some clients have difficulty amassing enough money for the initial consultation. The cost of legal service should not scare an individual away, rather this is the time that the individual should contact friends and families for assistance so they may dissolve their marriage fairly and equitably without the need to represent him or herself. There are also certain county organizations that will take on matrimonial matters for those who are financially distressed and do not have any opportunity whatsoever to hire an attorney. It is in our opinion that you should exhaust every possible financial remedy available before considering the pass of a pro se litigant.

In conclusion, I leave you with a saying that is uttered in the Court House across this State (and I am sure many other states as well) and that is: "A person who represents himself has a fool for a client." Be guided, accordingly.

You can telephone the firm to set up a consultation at (908) 964-0102 or you may correspond via e-mail at japatti99@msn.com