You can represent yourself in a Georgia divorce, and no judge can make you hire a lawyer.
The Right Is Constitutional
In Dobbins v. Dobbins, 234 Ga. 347 (1975), a husband sued for divorce on the ground of habitual intoxication. The wife appeared on her own behalf and told the court in open court that she did not want to obtain an attorney, even after the trial judge offered to continue the case so she could find one. The divorce and custody of the two children went to the husband.
She appealed. The Georgia Supreme Court held that under the Georgia Constitution “a person has the right to prosecute or defend his or her own cause in any court of this state,” and that the provision was “primarily intended to guarantee the right of self-representation in the courts of this State.” Reviewing the record, the Court found she “was given a meaningful hearing and due process of law.”
You Cannot Be Your Own Co-Counsel
The constitutional provision Dobbins applied let a party appear in person, by attorney, “or both.” That provision was superseded by Article I, Section I, Paragraph XII of the 1983 Georgia Constitution, and as Jones v. State, 171 Ga. App. 184 (1984), put it, “a person no longer has the right to represent himself and also be represented by an attorney, i.e., the right to act as co-counsel.” You choose one.
The Rules Still Apply to You
In Graham v. Graham, 291 Ga. 1 (2012), a pro se husband did not submit his portion of the required pretrial order and then did not show up for trial, arguing that the case had come off the calendar. The Georgia Supreme Court affirmed the judgment entered against him, calling the argument “absurd.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!