People sometimes ask me whether they can represent themselves in a Minnesota divorce proceeding. The answer is “Yes.” One can always represent oneself in a court proceeding.
However, you need to keep in mind that in Minnesota, it is also legal to remove your own appendix. Just because its legal doesn’t mean that it is a good idea.
People who represent themselves are called pro se parties. During a court proceeding, a pro se party is held to the same standard as an attorney. A pro se party is expected to know the law, the rules, and the procedures, and he or she is expected to follow them. He or she will not get a break from the court if he or she does not.
Generally speaking, the more complex a procedure becomes, the more necessary it is to have a attorney. For example, if a person is appearing in court for the purpose of getting a domestic abuse restraining order, an attorney might not be necessary. On the other hand, if a person is appearing in a series of court proceedings involving disputes about child custody, child support, spousal maintenance or other issues, hiring an attorney is probably a good idea. It is very important that one hire an attorney if one’s spouse has hired an attorney.
Again, the court will let a person without an attorney represent themselves in court proceedings. But, if that person messes up, they will not get a break.
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