What do I do if my ex has a lawyer and I don’t? This blog explores this question. Like all of our blogs, this blog is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a family law attorney.
What is Family Law?
How does a person become involved in a family law action?
A person can become involved in a family law case by either filing an action as a plaintiff or by another party filing an action against them, thus making them the defendant. Whether a party is a plaintiff or a defendant, they can either represent themselves or hire an attorney.
Hiring a family law attorney
Every person has the right to represent themselves. Many people choose to do so for a variety of reasons, including the cost of representation. There are many factors to consider when deciding whether to hire an attorney. We discuss some of these factors here. If a person decides to represent themselves, the case essentially moves forward no differently than if they had hired a family law lawyer.
What if my ex has an attorney and I do not?
If your ex has a family law attorney and you do not, then your ex will have a trained advocate and you will be responsible for advocating on your own behalf, just like any other pro se litigant. While the Court may be slightly more lenient toward an unrepresented party, that party is still expected to follow the rules of procedure, rules of evidence, engage in proper courtroom etiquette, etc.
Whether the opposing party is represented by counsel, if you are representing yourself, you should educate yourself on some of the basic principles of whatever family law action you are involved in. For example, if you are representing yourself in a child custody action, you should understand principles such as how child custody is decided, the best interest of the child standard, the difference between physical and legal custody, the ramifications of a child custody trial, and what a child custody order is.
If you are in need of a family law attorney in Charlotte, NC or the surrounding area, feel free to contact us for more information.