Porrino Law, PC

Representing Yourself in a Family Law Matter in California

People choose to represent themselves for a variety of reasons in family law matters. Self-representation can be beneficial, especially if you have a limited budget. Cases that are amicable and relatively straightforward (i.e. no complicated assets or debts to divide, no custody disputes, agreements on support issues) are sometimes perfect candidates for 

self-representation.  Understanding the basic processes and requirements can empower you to effectively handle your case on your own and without an attorney. Some of the internet resources referenced in the article below are listed at the end of this article.

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Understanding Family Law in California

Family law in California encompasses a wide range of issues including divorce, child custody and support, spousal support, property division, and domestic violence. Each of these areas has its own set of rules and procedures. Before embarking on self-representation, it is crucial to familiarize yourself with Sacramento local rules, which can be found on the Sacramento County Superior Court website.

 

Preparing Your Case

Research and Education: The Sacramento County Superior Court website is a great resource, and it has many “how to” and “self-help” articles about the process. Additionally, the Sacramento Public Law Library and certain legal aid organizations can provide guidance. 

Documentation: Gather all necessary documents related to your case. This includes financial records, property deeds, child custody agreements, and any other relevant paperwork. Organize these documents meticulously as they will form the backbone of your case.

Forms and Filings: California courts require specific forms for family law matters. The majority of these can be found on the Sacramento County Superior Court website. Ensure that you complete these forms accurately and submit them within the required deadlines. Missteps in filing can lead to delays or even dismissal of your case. 

 

Court Procedures

Mediation and Alternative Dispute Resolution: As discussed in previous articles, mediation is usually a good option. In Sacramento, if you have a custody matter, you are required to attend “child custody recommending counseling” with Family Court Services at the courthouse prior to going to court for these issues (assuming you go to court).  Participating in any alternative dispute resolution in good faith can often resolve disputes more amicably and cost-effectively over going to court.

Court Appearances: Representing yourself means you will need to appear in court. Dress professionally and arrive early. When presenting your case, be clear and concise. Practice beforehand, focusing on the key points you want to make. It is also beneficial to observe other family law hearings to become familiar with the process. In most instances, the court hearings are public. Therefore, once you know what department your court hearing is in, you can go directly into the courthouse to the department your court case is assigned to and attend as an observer. 

Understanding Legal Terminology: Legal jargon can be confusing. Take the time to learn common terms and phrases used in family law. Simply reading through the self-help websites listed below can help familiarize yourself with many of these terms. This will help you better understand court proceedings and communicate more effectively.

 

Seeking Help

Even though you are representing yourself, you don't have to navigate the process entirely alone. Many resources are available to assist you:

 

Legal Aid and Clinics: Numerous legal aid organizations offer free or low-cost assistance. They can provide legal advice, help you complete forms, and sometimes offer representation. 

Workshops and Self-Help Centers: The Sacramento County Superior Court has a self-help center where you can get assistance with filing paperwork and understanding procedures. Workshops on family law topics are also available. 

Consultation with an Attorney: While you may not want to hire an attorney to represent you fully, consider consulting with one for specific advice or to review your documents. They can typically advise as to what forms to use, how to complete them, and how to submit them with the court. This can provide you with critical insights and prevent costly mistakes. If you never hire a consulting attorney for your case, it is strongly suggested to have an attorney review any written agreement you come to prior to you signing such agreement. 

 

Conclusion

Self-representation in California family law matters requires diligence, preparation, and a willingness to learn. By taking advantage of available resources, thoroughly preparing your case, and understanding court procedures, you can navigate the complexities of the legal system more effectively. While challenging, representing yourself can also be empowering, providing a greater sense of control over your legal matters.