Handling Your Case Without a Lawyer

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center.  Updated 3/30/01.

General Overview
How to Manage your Case on your Own
Service of Process
Appearing in Court Without a Lawyer

General Overview

In simple, uncontested cases where the parties do not own property or have pensions, they have the option of filing their case without a lawyer (pro se). Even if you plan to file your case without a lawyer, you should seek the advice of an attorney beforehand.

How to Manage your Case on your Own

There are legal forms available free of charge from the Circuit Court Clerk’s Office in every jurisdiction.  These forms can be used to file the following types of uncontested cases without a lawyer: limited and absolute divorces; child support (establishment, enforcement, and modification); custody (establishment, enforcement, and modification); and, visitation (establishment, enforcement, and modification). 

In addition, many of the jurisdictions have walk-in projects to assist pro se litigants.  Through these projects, you can receive help completing the statewide forms, and in some cases, brief legal advice.  

For telephone assistance with the forms statewide or more information about the walk in programs, call the Legal Forms Helpline at 1-800-818-9888 or the Family Law Hotline at 1-800-845-8550.  There are also a tremendous number of legal manuals and other resources in public libraries.  Parties can also use the law libraries that are located in the courthouses in each county.

Service of Process

The opposing party in the case must be properly served.  Service ensures that the opposing party has notice and an opportunity to respond to your complaint.  If the court determines that a party has not been properly served, the court case will not continue until proper service has been made. 

Also noteworthy is that a party cannot personally serve the other party in the case.  Service must be performed by someone who is not a party to the case and is over the age of 18. 

If you are not sure where the other party lives, you have several resources at your disposal. For example, call the other party’s family and friends; look in the phone book or on the internet; call local 411 information or AT&T “00” information; check with the Motor Vehicles Administration in Maryland or in whatever state the opposing party might be living.

If you cannot find the opposing party, there are alternatives.  You can do service by posting or publication. However, these alternatives can be complicated and usually require the assistance of an attorney.

Appearing in Court Without a Lawyer

Before going to court, it is essential to prepare.  The following is a list of things you should do or think about before your court date:

• Call and confirm the attendance of any witnesses.

• Speak to your witnesses prior to the hearing and prepare them for the questions you will be asking.

If your case is a divorce case, even if it is uncontested, bring a corroborating witness.  This person must know that you have lived in Maryland for one year prior to filing your case; that you were married; the circumstances of your separation; and, that you have lived separate and apart  from your spouse for the time you stated in your complaint.

• Have your witnesses come to court for your hearing at the date and time that is scheduled.  This is critical!

• Do not ask a witness in court a question you do not know the answer to.

• If you plan on introducing evidence, make sure you have copies for the opposing party and the court. (The court generally gets the original copy.)

• Observe a hearing before you go to court in your case.

• Prepare what you are going to say before you go to court.

• Get to court early on the day that your hearing is scheduled.  You will need to check in with the court’s personnel.  If you are not there, your case can be dismissed.

• Address the Judge or Master as “Your Honor”.

Last date of legal review 01/18/08 (PLL/M.A.J.)

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