Do-It Yourself Divorce: Stay Away

Posted on August 20, 2008 by Daniel Clement

Shannon Cavers in The Houston Texas Divorce and Family Law Blog details her observations of a litigant who retained one of the so-called “do-it yourself” divorce services to secure a divorce and then encountered problems.

These services routinely advertise over the internet about how they are the supposed low cost alternatives to a divorce lawyer. Typically, these services prepare the divorce papers so the litigant can appear “pro se” (without legal representation) and file the papers in court as an accommodation.

I have long wondered why these services are not prosecuted for the unauthorized practice of law. Although these services claim to be nothing more than “form preparers,” in reality, they do all of the legal and clerical work in connection with the divorce. In every sense, they function as divorce law firms, though there may be no lawyer on staff. I even wonder if the operators have paralegal training.

My concern is that “clients” or customers of these firms are at risk. Unlike lawyers, who are trained in the law and who’s legal and ethical conduct is regulated by the courts, these services operate without standards or oversight. My guess is that they do not even have liability coverage for when they make mistakes.

There is no substitute for competent legal representation, who is retained to protect your rights and interests. A skilled matrimonial lawyer knows not only the black letter of the law, but its nuances as well.

If you opt do-it-yourself, but require help, the courts have “pro se” offices to assist unrepresented litigants, the divorce forms and instructions are online and many of the local Bar Associations offer clinics. Avail yourself of this help.
 

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Why Hire an Attorney to Handle Your Divorce?

Posted on June 10, 2008 by Daniel Clement
Mark Wortman in the Missouri Divorce and Family Law Blog supplies multiple answers the question, why do you need a lawyer.

Among the reasons given are:
  •  The attorney can take much of the burden off of the litigant, reduce the length of the case, and hopefully negotiate a settlement where everyone wins and nobody goes to court.
  • You wouldn't perform your own surgery, why would you try to take on the court by yourself. Divorce lawyers are here for a reason.
  • Whatever your argument, the judge has heard it before. The attorney knows how to pick the battles and keep you on the judges good side.
  • Family law is not like other areas of the law. A skilled negotiator is superior to a combative lawyer or litigant who wants to fight about everything.


Mark diplomatically stops short of quoting the old adage that anyone who attempts to represent himself in court has a fool for a client. Though this expression has become a cliché, it is also true.

You should retain a divorce lawyer because he is expert and knowledgeable in the field. As a self represented litigant, you may not understand the relative strengths or weaknesses of your case, the limits of  your rights or the full extent of your liabilities.

To put it in context, would you, as a pro se litigant, know how to distribute a professional license or an educational degree?

Moreover, the law is ever changing. The practitioner through participation in professional associations, continuing legal education and daily practice, keeps abreast of the evolving case law and statutory changes.

Finally, legal representation brings objectivity to a case. As a litigant, you may be simply too close to the litigation to make reasoned business-like decisions. A good practitioner will set out options and assess the risks of litigation.

In the end, most litigants want a fair resolution with an end to the divorce litigation – a good attorney will lead you there.






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