Lately you may have noticed an uptick in DIY divorce classes – online programs that claim to be able to teach people what they need to know to effectively represent themselves in domestic court. It’s a known fact that there aren’t enough resources for parties to domestic cases that cannot afford traditional legal assistance and there is great value in any information that makes the family law process more clear and less intimidating, including DIY divorce classes if they accomplish that. There are, however, serious red flags in a lot of DIY divorce classes to look out for.
Everyone should understand a few things before spending their hard earned money on a DIY divorce class with the expectation that it will allow them to effectively represent themselves in Court:
Complexity of the Issues
In order to effectively represent yourself in a domestic proceeding in Colorado you need a detailed understanding of several areas of law. Just to name a few, you’d need thorough knowledge of:
- the procedure a domestic case follows;
- the statutes and case law that govern any open issues;
- the Colorado Rules of Evidence;
- the Colorado Rules of Civil procedure;
- any procedures specific to your judicial district or courtroom; and
- how to effectively advocate in a courtroom setting.
Well crafted and thorough courses could provide some level of understanding in some of these areas, but the fact of the matter is that law schools teach separate semester-long classes covering the basics of: the rules of evidence; civil procedure; trial advocacy; and family law. Plus family law attorneys have years of experience during which they continually study those same topics and hone their skills.
Thinking that you can learn all of those topics in a few hours through online classes and effectively represent yourself in court is akin to thinking that you would be fully qualified to design and build a building after putting together a few Lego sets. In short, the amount of information you would need to understand and apply to your case in order to effectively represent yourself in court takes years, not days or weeks, to master.
State Specific Law/Rules
Domestic matters (such as parenting time/decision making rights, division of assets and debts, child support, and maintenance) are all determined by state law. That means that the specific laws that direct the court on how to address those items are different here in Colorado than they are in Texas, California, Florida, and any other state. While general ideas may be similar among some states and the US Supreme Court has established some overarching standards that all state laws concerning domestic matters must conform to, states are left to themselves to determine what laws govern domestic cases in their state and how issues brought before a domestic court should be addressed.
The takeaway: It’s a huge red flag if the person/company that’s supposed to be helping you learn how to represent yourself is not based in your state or knowledgable about your state’s laws. Just like you wouldn’t call the Michigan DMV to renew your license in New York, you can’t rely on an attorney for useful help with your domestic case if they aren’t licensed in your state. Not to mention attorneys are prohibited from providing any actual legal advice in a state where they are not licensed to practice.
“Just like you wouldn’t call the Michigan DMV to renew your license in New York, you can’t rely on an attorney for useful help with your domestic case if they aren’t licensed in your state.”
Best Interests of the Child is a Case by Case Analysis
Colorado courts determine domestic issues related to children based on the best interests of the child. C.R.S. §14-10-124 lays out some specific factors that the court should consider when determining the best interests of the child, but the statute also gives the court wide discretion to consider all factors (whether specifically listed in the statute or not) that go to the best interest of the child. The outcome of domestic cases heavily depends on the specific circumstances of the case, and how the case needs to be handled can vary wildly from one case to the next.
Even if online DIY divorce classes could quickly teach you everything you need to know about the general procedure and how to conduct a contested hearing on your own (which is still just not possible) the process of discussing, with an experienced family law attorney, options and how best to proceed is itself extremely valuable and simply cannot be replicated by the “one size fits all” approach of an online course. A general introduction to family law cannot help you determine what kind of parenting plan is reasonable given your specific circumstances or how a court has handled similar situations in the past – but an experienced family law attorney can.
Judges Treat Pro Se Parties the Same as Attorneys
The Colorado Supreme Court has ruled, in People v. Romero, that pro se parties are not to be given any special treatment and that the judge is to treat pro se parties the same as they would an attorney. Put bluntly, this means that the judge is not allowed to guide you or advocate for you, as that is your role if you are acting as your own attorney. In order to effectively advocate for yourself you need a thorough understanding of the law, what requests are and are not reasonable given the circumstances, and how to present your case at a hearing. Again, mastering those areas takes years of study and practice and cannot be taught in any brief online class.
The issue of pro se parties not receiving any special treatment is only amplified if you’re facing a contested hearing where the other party is represented by an attorney. If both parties to a case are pro se some judges may step in and take the reins of a hearing to an extent in order to address the necessary issues and help things move along. In a situation where one party is represented and the other is not, however, the judge will likely be more inclined to follow the law in People v. Romero and leave a pro se party to fend for themselves. Given the complexity and depth of the Colorado Rules of Evidence and the Colorado Rules of Civil Procedure any pro se party is at an enormous disadvantage when going against an attorney in a contested hearing.
“A man who represents himself, has a fool for a client.”
– Unknown
Alternatives
People often think that you either have an attorney handling your case for you or you don’t, but there’s a hybrid option that’s gaining popularity. There is an option, known as “unbundled services,” that allows you to formally represent yourself while consulting with an attorney as needed to help you along the way.
In an unbundled arrangement the client determines how involved the attorney is and can seek assistance with anything from drafting pleadings to answering specific procedural questions or explaining applicable aspects of the statutes or case law. The attorney is always available to assist, but the client is the driving force behind advancing the case and handling all tasks that haven’t specifically been delegated to the attorney.
An unbundled services arrangement can be a great approach for some people and some cases as it can limit costs while still proving legal guidance when needed, but there are key weakness to the arrangement to consider as well. It’s wonderful to have an experienced attorney in your corner to help guide you through your case, but only if you know what questions to ask. If you’re wholly unfamiliar with domestic courts and the process you’re facing, an unbundled arrangement likely isn’t the way to go as you would be responsible for handling major aspects of the case for yourself.
More information on traditional/full representation versus unbundled services can be found here: https://www.dillielaw.com/blog/unbundled-services-your-guide-to-the-third-option-in-hiring-an-attorney/.
Takeaway
Overall anything, including DIY divorce classes, that clarify and make the family law process more approachable is a wonderful resource. Having said that, you need to be very skeptical of anything that claims to know the “secrets” to winning in court or offering to teach you how to represent yourself in court in a few quick sessions. Family law varies from state to state and from case to case making a “one size fits all” approach just not very helpful.
If you have any questions or would like to discuss anything you read in this or any other article, feel free to contact me directly at DillieLawOffice@gmail.com or (720) 507-3105.