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If you're thinking about representing yourself for gaining full custody, you should know how it may affect your case.
The American Bar Association conducted a study of 273 divorce cases in Maricopa County, Arizona. The results were reported in Self-Representation in Divorce Cases.2
Type of Custody Cases
Of all the couples who divorced during the study, almost 90% involved one side who self-represented, and 52% involved both sides self-representing. The authors examined these cases, and found that-as a general rule-when someone self-represented, the legal issues in the case were often less complex and the litigants were usually more cooperative.
However, when attorneys took over to handle the issue of gaining full custody, the legal issues were often more complex, and the parties were more adversarial.
Agreement
As reported in the study, when at least one side self-represented-and custody, visitation, or support was an issue-the parents were more likely to reach an agreement outside of court. The authors decided that when a parent chose to represent themselves, it may have meant the couple was able to agree before the pleadings were filed.
Expense
Also as reported, when one of the parties self-represented for gaining full custody, the case was likely to end sooner, and the litigants were likely to spend less money. The reverse was also true-when lawyers were involved, the case usually took longer, and the litigants spent more. The authors concluded that this was to be expected, since attorneys were more likely to be involved in the more difficult gaining full child custody cases.
Temporary Orders
As the study revealed, the attorneys were likely to request temporary orders, but none of them made such a request.
Litigation
During the study, when attorneys represented the parties, the case was more likely to result in a written agreement, or barring that-to go to trial. However, when someone self-represented for gaining full custody, the case was more likely to be resolved through a default judgment.
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