Five Mistakes Self-Represented Litigants Commonly Make During an Arizona Divorce

The divorce attorneys for Huffman-Shayeb Law, PLLC have fair bit of experience handling cases in which one or both parties have at some point represented themselves. Typically, this happens when the adverse party choses to represent themselves, or a client has represented themselves through the first part of the case before realizing they need the help of a trained professional. Over the years, our attorneys have noticed some themes in the mistakes made by self-represented parties during Arizona divorce cases. This writing explores a few of those common errors.

1. Filing Incomplete Documents. One of the most common mistakes we see from self-represented parties is the filing of incomplete documents. Sometimes the error can be obvious, such as failing to fill out a box or section on a self-help court form. Other times, the error is less obvious. Self-represented litigants may forget to ask for something from the court at the beginning of the case because it is not clearly suggested by the court form. These types of errors can have major consequences for a divorce case. For example, failing to fill out the section pertaining to jurisdiction or background facts might result in the divorce case being dismissed, wasting both time and money with a refiling. Other times, the case may all the way to a trial before a litigant realizes they may have forgotten to request something like spousal maintenance or a reimbursement for marital waste, resulting in the inability to make those claims in a final divorce decree.
2. Missing Court Deadlines. Another mistake we frequently see from self-represented litigants are missed court deadlines. Missed deadlines can have a huge impact on a divorce case. For example, if a party has been served with a petition for dissolution and fails to file a response to the petition by the deadline, the party seeking a divorce may apply for default proceedings and eventually have the divorce decided without the other spouse’s input. Other missed deadlines may be less serious but still have a significant impact on the divorce process. For example, missing deadlines for producing documents or information during the divorce may result in not being able to make certain claims or defenses. Either way, failing to comply with deadlines can be costly and may result in the loss of certain rights without a full opportunity for all the argument to be made.
3. Making Oral Agreements. Self-represented litigants often try to settle divorce cases with their spouse on a word and a handshake, only find that the agreement is not enforceable. Ordinarily, to be enforceable in a divorce case, a settlement agreement must be documented in some manner. The most common method of documentation is a signed writing, though in limited circumstances oral agreements can also be sufficient if, say, the agreement is recorded by the court during a hearing. Another common problem is distinguishing between negotiations (proposals to settle) and actual agreements (binding promises), which is not always clear in an oral discussion. Sometimes a proposal is meant to be conditional, and the other party does not fully understand those conditions. Having a documented agreement can help avoid these types of misunderstandings, as well as result in enforceable terms.
4. Violating Court Orders. It is unsurprising that self-represented litigants will often fail to fully comply with court orders, as the process can be very confusing. One frequent pitfall is failing to comply with a court’s preliminary injunction. Typically, at the beginning of a divorce case, a court will issue a preliminary injunction, which spells out what the parties can and cannot do with their shared property while the divorce is ongoing. The preliminary injunction may also set limits how the parties behave toward one another. Self-represented parties may receive this order, along with the petition, summons, and other notices, making it more likely that they will fail to fully read and understand the preliminary. They may go on to sell a shared asset based on an oral agreement or withdraw funds from a shared account to prevent their spouse from wasting money during the divorce, only to find that they have violated the court’s preliminary injunction. Violations of court orders can result in serious consequences, such as findings of contempt and money judgments.
5. Creating a Negative Paper Trail. Whether it is posting risky pictures on social media to make a statement or sending an angry text message, a common area that self-represented litigants often come to regret is creating a paper trail that harms their case down the line. Litigants may feel safe posting on social media because they have “blocked” their partner, but it is important to remember that common friends and acquittances may end up sharing the content with an adverse party. Even something as mundane as posting insults or making emotionally charged statements can be used to try to show that spite or animosity is clouding someone’s judgment in working through child custody matter. A good rule of thumb is that, during a divorce, a person should always share information and communicate as though that information may be given to a judge for consideration. Blasting a former partner on social media may be emotionally satisfying, but it usually not worth the risk it poses to a court case.

The attorneys of Huffman-Shayeb Law, PLLC have a practical, commonsense approach to handling divorce cases in the State of Arizona and can provide clients with tips and best practices for successfully reaching the finish line in their cases. If you are looking for experienced, thoughtful representation in an Arizona family law case, contact Huffman-Shayeb Law, PLLC to schedule your consultation today! Our attorneys are here to help.