Managing a family law case in California can feel intimidating, especially for individuals who choose to represent themselves, commonly called “pro pers”. While taking a DIY approach may seem like a cost-saving solution, it often leads to significant challenges and costly mistakes that can delay or derail a case. With over 30 years of experience representing parents and spouses in Sacramento and Placer Counties, the attorneys at Hughes Law Group have seen self-represented parties make these errors time and again. In this blog, we’ll highlight common mistakes self-represented individuals make in family law cases – and provide some guidance on how to avoid them.

Whether you’re facing a divorce, child custody dispute, or other family law matter, understanding these pitfalls can help you protect your rights and achieve a fair outcome.

1. How to Properly Serve Divorce or Custody Summons in Sacramento and Placer Counties.

One of the earliest hurdles in a divorce case is ensuring proper service of the Summons at the beginning of a divorce or custody case. California law requires that service be performed by someone over the age of 18 who is not a party to the case. Many self-represented litigants mistakenly hand or mail their spouse the initial court pleadings themselves thinking that doing so is proper service.  Doing so simply delays the case. Carefully following the Rules of Civil Procedure is essential to getting your case off to a valid start. 

To streamline your case and ensure proper service, hiring a registered process server is strongly advised for serving the Summons, Petition, UCCJEA Declaration, and other initial pleadings. Their signed Proof of Service of Summons is presumed valid under California Evidence Code §647, reducing the likelihood of disputes about service.

After filing the Proof of Service of Summons with the court, safeguard an endorsed copy for your personal records. Both Sacramento and Placer County Family Courts require this document to finalize a divorce judgment, and it is not uncommon for it to be misplaced during the divorce process. Retaining your own copy can save time and avoid unnecessary setbacks.

Our team regularly works with clerks at the William Ridgeway Family Relations Court and the William Gibson Courthouse.  If you’re unsure about serving legal documents properly, schedule a consultation with our experienced Sacramento and Placer County attorneys today.

2. Protect Your Case: The Hidden Costs of Incomplete Financial Disclosures.

Self-represented parties often neglect to fulfil their duties of financial disclosure at all or fail to provide complete information.  Even worse, they sometimes fill out the Judicial Council forms claiming under penalty of perjury that they have done the disclosures when they haven’t done any disclosure at all.  Such omissions can lead to severe consequences, including financial penalties or even the invalidation of agreements and judgments. 

California law requires spouses to fully disclose all financial details during divorce, including:

• Assets and debts.
• Income and expenses.
• Tax information and economic opportunities.

This obligation was designed to ensure fairness in resolving property and support issues.

Neglecting required disclosures, such as the Preliminary Declaration of Disclosure (Form FL-140), can lead to:

• Legal Consequences: Financial penalties, invalid agreements, or judgments set aside under Family Code §2100.
• Asset Risks: Loss of interest in undisclosed assets, which the court may award to the other party.
• Delays: Courts may refuse to process divorce judgments due to incomplete disclosures.
• Credibility Damage: Noncompliance may negatively affect spousal support or custody rulings.
• Monetary Sanctions: Penalties, including attorney fees and costs under Family Code §271.

Completing the Judicial Council forms does not always fulfill disclosure obligations. Additional information may be necessary depending on the case, and failure to comply invites court scrutiny. 

Incomplete financial disclosures can cost you dearly in court. Let us help you navigate this crucial process. Book a consultation with our family law experts today and safeguard your financial future. 

3. Understanding Child Support Rules: Avoiding Missteps in Guideline Child Support Calculations.

Child support is determined based on California’s statutory framework, including the statewide child support guideline formula. Self-represented parties often approach these issues emotionally, emphasizing personal desires rather than the factors courts prioritize. Misunderstanding how the court calculates support can lead to outcomes that don’t align with a party’s expectations.

Self-represented litigants often overlook the guideline child support amount they are entitled to and instead argue for what they believe is fair. They tend to make more mistakes than attorneys when calculating guideline support and may bring up factors during negotiations or litigation that work against them. For example, guideline child support is higher for a payor with a mortgage compared to one renting, even if the payments are the same.

4. What’s Yours, Mine, and Ours? Don’t Make These Common Community Property Errors. 

Once the required disclosures are complete, divorcing parties can agree to any division of their estate, but California law entitles each spouse to one-half of the community property. If no agreement is reached, the court will divide the community estate equally.

Self-represented parties often struggle with these key community property issues:

• Inheritance and Separate Property: They may fail to recognize that property bought with inherited funds remains separate property, focusing only on the remaining inheritance.
• Title vs. Ownership: Many divorcing couples in Roseville and Sacramento mistakenly believe that assets titled solely in their name – such as a bank account or retirement account – are their separate property, even if funded with community earnings.
• Reimbursements and Asset Appreciation: They often overlook reimbursements for separate property contributions to joint property or misunderstand how courts divide appreciation on property acquired before marriage which is presently held jointly.
• Pension Valuations: Litigants commonly confuse the present cash value of a pension, which requires an expert calculation, with the withdrawal value shown on recent statements.
• Purchaser Rights: They may think buying an asset or purchasing it from a relative gives them superior rights, even when community funds were used exclusively.
• Interspousal Gifts and Transmutations: They may not properly evaluate agreements to change property ownership (e.g., separate property becoming community property).

Understanding these nuances and providing proper documentation is crucial to achieving a fair and legally sound property division. Not sure how to divide your assets fairly? Protect your rights and understand what’s truly yours.  Set a consultation with our experienced Sacramento and Placer County attorneys to simplify your property division process.

5. Stay Ahead of Family Court Deadlines and Remember Mandatory Forms

Family law cases require strict adherence to procedural rules, including filing deadlines, mandatory forms, and hearing requests. Certain deadlines are jurisdictional, meaning the court’s ability to act (e.g., curing defaults or setting aside judgments) may be limited. Missing a deadline or failing to properly respond to a motion can result in unfavorable rulings, exclusion of evidence, or even forfeiting participation in proceedings.

In Sacramento and Placer Counties, both represented and self-represented parties are held to the same procedural standards:

Important considerations:

1. Mandatory Forms: Some Judicial Council forms are required by law. Each mandatory Judicial Council form is identified as mandatory by an asterisk. All Judicial Council forms are available here.  Failing to file mandatory forms can prevent the court from acting on your case.
2. Sacramento County Trials: If the Sacramento judge sets a trial or long cause hearing from the bench, s/he will provide an electronic order that is available to the parties online detailing settlement conference deadlines and trial preparation steps, such as subpoenas and exhibit marking.  This order also provides specific deadlines and information on how to get the Child Custody Recommending Counselor to trial.
3. Placer County Trials: Judges can directly set trials and long cause hearings during their regular hearings but are more likely to do so at special Trial Setting Conferences on Friday mornings at 8:30 a.m.  The Placer County judge will provide a series of deadlines outlining requirements for filing settlement conference briefs, attending the mandatory settlement conference and the Trial Confirming Conference (which is almost always on the same morning as the mandatory settlement conference). 

Missing court deadlines in Sacramento or Roseville can derail your case. Self-represented parties are more prone to missing these deadlines which often causes trials to be dropped, postponed or reset. Staying organized and paying close attention to the court’s instructions can help avoid costly delays.

6. Filing Temporary Orders in Sacramento and Placer Counties: Why Timing is Critical.

Custody and divorce cases can take months or even years to resolve, leaving families with significant needs during the process. Temporary orders provide an interim solution to stabilize key issues while the case is pending.

These orders can address:

1. Custody and Visitation: Ensuring children see both parents frequently and maintain strong relationships.
2. Financial Support: Covering child support, spousal support, daycare, and health insurance to prevent financial instability.
3. Property Control: Allowing peaceful use of property and protecting the community estate from waste or misuse.

Despite their importance, many self-represented litigants delay requesting temporary orders, often under the mistaken belief that their case will resolve quickly. In Sacramento and Placer County family courts, temporary orders play a critical role in preventing irreparable harm and maintaining stability for families during prolonged legal proceedings.

Need temporary custody or financial support while your case is pending? Don’t wait – secure the stability you deserve. Contact Hughes Law Group to file an RFO for temporary orders today.

7. Domestic Violence Cases: Navigating Restraining Orders and Custody Challenges.

We have written extensively about “What a Domestic Violence Order Can Do for You?” on our services page. Also check out our articles “How Domestic Violence Restraining Orders Impact Child Custody and Divorce Cases” and “How to Get a California Domestic Violence Restraining Order (DVRO)”.

Domestic violence allegations require careful and sensitive handling due to their significant impact on custody and visitation decisions. Victims, especially those who have experienced long-term coercive control or live in fear of further violence, often face significant challenges in presenting their cases when self-represented.  

Without legal guidance, self-represented parties may struggle to effectively obtain or contest restraining orders, or they may overlook critical issues altogether. Others are simply too scared to bring these applications on their own.  Consulting with an experienced legal professional is essential to safeguarding your safety and protecting your parental rights in cases involving domestic violence.

8. Know What to Expect at Family Court Hearings in Sacramento and Roseville.

Family Court isn’t the dramatic, fast-paced setting you see on TV. It’s often slow, detailed, and frustratingly complex requiring multiple, delayed hearings. Judges don’t (or can’t) always grant every order requested, and to remain impartial, they often admonish both parties – even when only one deserves it. For self-represented litigants, this can feel confusing or even insulting.

Observing court hearings is helpful, but being at the counsel table for your own case is a whole different experience. Courts expect self-represented parties to follow procedural rules, present evidence effectively, and respond to opposing counsel.  Self-represented parties frequently take offense when opposing counsel misstates facts, failing to recognize that their client has a different perspective.  Knowing which factual points to rebut, which arguments to address – and which to ignore – takes experience. Without preparation, delays and poor outcomes are common.

Working with an experienced family law attorney can make a big difference in your case. Overwhelmed by the complexities of family court? Be prepared and confident with guidance from our experienced attorneys. Book a consultation to learn what to expect and how to succeed in court.

9. Keep Your Cool: Why Emotional Decisions Can Hurt Your Family Law Case.

Family law cases are uniquely personal and often emotionally charged. For self-represented individuals, these challenges are compounded by navigating negotiations with an adversarial spouse or their attorney. When emotions run high, it’s easy to lose sight of the practical impact of decisions, especially with a judge determining critical issues like custody, property division, and financial support.

Unfortunately, emotional decision-making can backfire in court. Filing frivolous motions, attempting to punish a spouse through the legal system, or engaging in disruptive behaviors—such as ignoring custody orders or showing hostility—can harm your credibility and case. Courts are primarily focused on fairness and efficiency, not personal grievances or emotional disputes.

To succeed, it’s vital to set emotions aside and approach your case with clear, strategic planning. Letting emotions drive your case can lead to costly mistakes. We can help stay focused and strategic.

10.  DIY Divorce in Sacramento or Placer County? Don’t Go It Alone Without Consulting Experts.

Property division, custody arrangements, and other family law issues are complicated, often defying common sense, and their outcomes can have lasting consequences. While self-representation is an option, a consultation with a skilled family law attorney can provide clarity, help you avoid errors, and improve your case outcomes. Legal advice is especially crucial for reviewing proposed settlements, preparing for court, or finalizing judgments.  Hughes Law Group has more than thirty years of experience and success with complex property division and custody disputes.

Attorneys aren’t the only professionals needed for a proper divorce evaluation.  Self-represented parties are far more likely to overlook or misunderstand the need for accountants, appraisers, vocational evaluators, and annuitants in divorce and support cases.

Conclusion: Simplify Your Family Law Case with Expert Guidance

Representing yourself in a family law case can feel like taking control, but the complexities of the legal system can quickly become overwhelming. Even small mistakes, like missing deadlines or improperly filing paperwork, can have lasting consequences. With an experienced attorney on your side, you can avoid unnecessary stress and ensure your rights are protected.

For over 30 years, we’ve been helping families in Sacramento and Placer Counties find clear and fair resolutions to their family law issues. Whether you’re dealing with a divorce, custody battle, or financial dispute, we’re here to help you avoid common pitfalls.

Are you involved in a family law case at William Ridgeway Family Relations Court in Sacramento or the Howard G. Gibson Courthouse in Roseville?  Those are our “home courts” and we can help.

Schedule a consultation today and take control of your case with the support of a trusted legal advocate.