Depending on how long you’ve waited – and how soon your trial is – you won’t have all available options if you wait until the last minute. There is no specific legal right to assistance of counsel in family law cases (unlike in criminal cases) so, for the most part, if you can’t afford an attorney, you may not be able to get one.
I don’t like it any more than you do, but there is simply no funding that exists to cover the cost of counsel for people who can’t afford it in family law cases. Sure, you may be able to find someone pro bono, but that’s not nearly as common as people tend to think it is. In Virginia, at least, there is no requirement that attorneys do any work at all pro bono, let alone that they commit to handling entire cases for free. To the extent that family lawyers do pro bono work, they usually limit the scope very carefully. An entire family law case – and, in particular, a complex or high conflict one – is not something that most anyone would be willing to take on for free.
Can I represent myself?
There is no requirement in Virginia that you must hire an attorney in a domestic relations case. Whether we’re talking about divorce or custody, you do not have to hire an attorney. It is an option, not a requirement.
So, yes, you can represent yourself.
Keep in mind that the wording is that you can represent yourself, not that you can appear without an attorney. If you don’t have an attorney, you are pro se, which basically means that you are your own attorney.
The same rules apply to you as to a licensed attorney and you are expected to know them. The juvenile court, in particular, might be a teensy bit more friendly to you than to an actual barred attorney, but, also, it might not be. By the circuit court, though, that almost certainly will not be the case. You will be expected to comply with all local and state laws that are applicable, including deadlines and other requirements.
Yes, you can represent yourself, but you should assume that the same standards will apply to you as to any regular, licensed, barred Virginia attorney. It is not an easy thing to do.
I can’t afford an attorney. I’m going to have to represent myself.
Lots of people represent themselves – and many people do really well with it. It’s not that it’s impossible, though I do think that handling your own case is a special kind of difficulty, but there are a lot of rules to wade through. In terms of speaking articulately and touching on all the things that the judge must consider in weighing a decision, admitting evidence, questioning and cross examining witnesses, and everything else, there’s a lot to juggle at trial.
It isn’t that you can’t. You can. People do! But you’ll have to take the time to prepare.
Are there resources I can use to help me prepare?
Yes, of course. Our firm has four free books, a number of free reports, and a divorce and custody seminar.
You can also read the Virginia Code here.
Many of the local courts also have law libraries, if you want (or need) to do case law research. Most, too, have public law librarians who are excellent resources. I personally particularly recommend the law library (and law librarians) at the Norfolk Circuit Court.
Just kidding – I don’t think I can do this! I want an attorney!
A lot of people plan to represent themselves and then panic at the last minute. Unfortunately, by the last minute, your options are really reduced. The attorney you want to hire might not be available. Or they may be available but not willing to offer a retainer agreement because they don’t have enough time to prepare.
It’s one thing if you need coverage for an initial appearance; for other trials or more complicated court dates, you’ll want a lot more lead time. Generally, to be able to conduct discovery at all, you’ll need at least 5-6 weeks; ideally, you’d have more time than that, though, in case the other party doesn’t respond fully or you need more time to prepare based on the answers that you receive.
Without conducting discovery, your options are limited. You may not have time to issue subpoenas, or to gather the evidence your attorney would need to make your case.
It’s awful to go to court unprepared – both as an attorney and as a pro se litigant. If you think you might want to hire an attorney, hopefully you will decide to do so more than a few days or week before your hearing date. Otherwise, your options are just significantly reduced.
For more information, to request a copy of our divorce guide for Virginia women, or to schedule a consultation – the earlier the better! – give us a call at 757-425-5200 or visit our website at hoflaw.com.