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Pro Se Divorce Questions

What is a Pro-Se Divorce?

A Pro-Se Divorce is where a person is representing themselves in court, rather than having an attorney represents them. They will follow the same procedure, but they must fill out and file all the legal forms themselves. Read below where Experts have provided many legal answers pertaining to pro-se divorce.

In the state of Massachusetts can someone bring bank statements into the pro se divorce hearing to prove the other spouses lies?

Since they are bank statements, the Massachusetts Rules of Evidence state that: Section 77. Copies from the records, books and accounts of a trust company, co-operative bank, national bank or savings bank, doing business in the commonwealth, can be capable to use as evidence in all cases, equally with the originals, if there are taken over copies of official declaration, taken before a court clerk of record or notary public, under the seal of such court or notary, standing that the affiant is the officer having charge of the original records, books and accounts, and the copy is correct and is full so far as it relates to the subject matter that is mentioned. Therefore, to use the documents to prove a fact, they would need an affidavit from the bank certifying that the records are correct and accurate. If they are trying to prove that the other spouse paid money by proof of the bank statement, they may use the bank statement along with a copy of the check used.

Pro-Se in Divorce what is the time limit for reconsideration? What do they need to do in order to file for reconsideration?

The time limit for reconsideration is ten days; they would need to file a motion. They will need to state the reasons on why they want to serve the other party. The motion will need to be in proper motion format with a cover sheet and fee. These types of forms can be found online. Contact an Expert for more questions regarding how to file a motion for reconsideration in a pro-se divorce hearing.

In the state of Oklahoma if someone has filed for an uncontested pro se divorce how can they get their spouse to sign the papers?

There is no legal way to force the ex spouse to sign the papers. Although, since filing spouse has already filed Oklahoma Divorce Papers, then the next step would be to notify the ex spouse by having them served with papers. The filing spouse would need to be as professional as possible during the process to do this, then they will receive an Affidavit of Service stating that the divorce papers were delivered and the ex spouse was put on notice of the filing for divorce in Oklahoma. The hearing will be scheduled with the Judge where the ex spouse appears or fails to appear. Either way make sure the filing spouse attends the Oklahoma divorce hearing. If the ex spouse fails to appear it will be considered a Default Divorce. A default divorce is where the other spouse doesn’t sign the divorce forms or divorce papers; they don’t do anything at all with the divorce. They are default on the case and the spouse who files for the divorce gets whatever was asked on the original paperwork.

Can someone use pro-se divorce if their spouse lives in another country?

Yes, they would need to give their ex spouse a notice of the filing and being able to show the notice to the court. They can go to the family division court, and there they can provide them with a copy of the procedures relating to the proper filing, serving the other spouse, giving the other spouse notice of the divorce action, and obtaining consent if possible.

In the state of Texas how long does someone have to file the final petition on pro se divorce? If the other spouse is not willing to sign the final petition will the judge grant the divorce?

Normally a petition becomes void after two years or more go by if no petition, motion or hearing in held for the divorce. As for the judge granting the divorce, in many cases no a divorce is not granted unless the court believes the other person in intentionally refusing to sign the petition, or if the other person has abandoned the other party and the judicial process. In that case the divorce may be granted in absentia.

Many times a person going through divorce cannot afford an attorney to represent them in court, and many times people really don’t need the attorney because either they are aware of everything that will happen or the other spouse is cooperating and there is no need for an attorney, that is why people use pro-se divorce processes. Experts on can provided legal answers to any questions you may have about pro-se divorces.
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