If you’re thinking of representing yourself in a divorce or dissolution of domestic partnership proceeding in California, there are two options I would suggest considering. Both come with significant pros and cons, which you should be aware of before moving forward.
Option 1 – Family Law Facilitator
Most counties in California offer a “for-free” service called the Family Law Facilitator. The Family Law Facilitator’s office usually is located at your local courthouse. Their office staffs anywhere from one to several attorneys and support personnel and are available to assist individuals in drafting the requisite documents related to family law matters, such as divorce, custody and support.
An obvious advantage of using this service is the money saved by limiting your costs to filing fees and other out-of-pocket expenses. In a situation where both parties are in complete agreement on the custody arrangement and division of property (and debts), this option may be worth considering.
On the other hand, Family Law Facilitators are prohibited from giving legal advice. They can’t tell you which course to pursue during a Family Law proceeding, nor can they advise you as to the strengths and weaknesses of your case.
Also, due to the fact that there is a high demand for these facilitators, be prepared to spend a lot of time simply accessing their services. In many cases, you have to get to the courthouse one to two hours before the Facilitator’s office opens, just to get a place in line. Then you have to wait for the Facilitator’s office to open, after which you’re generally given a number to be served. Only when your number is called do you actually meet with a Facilitator. This means you might end up sacrificing a half-day or even a full day every time you need documents prepared.
Most people don’t have that kind of time to spare. On the other hand, hiring a Family Law attorney to prepare, present, and handle your case generally provides more convenience and, generally, less effort for you in the pursuit of your legal rights.
Option 2 – Online Do-It-Yourself Services
A variety of websites provide the necessary forms to file for divorce or dissolution of domestic partnership, as well as sometimes providing assistance in how to complete those forms. (Most of these sites require payment for these services.) Employing an online service will generally cost
less money than hiring an attorney but I’ve found that many people who start out this way end up in my office.
Why? Because when they turn in documents to the Court that they’ve completed online, Judges and court staff regularly find those documents have been prepared incorrectly and may instruct these people to obtain the services of a lawyer. Plus, many sites may not be properly maintained and may neglect some of the specific forms required in the county in which you live or the forms they provide may be obsolete.
Another thing to keep in mind: if you hire a non-attorney or you go through a self-service program and something goes wrong, where can you go to complain and try to get your money back? While attorneys are accountable to the public through a State Bar Association, people have very limited recourse with non-attorney providers. Additionally, very few situations involve
uncontested, no-issue dissolutions. Generally speaking, something always pops up during the proceeding (e.g. a dispute over custody, disagreements concerning the division of debt, etc.) and the above mentioned options offer very little assistance in such cases.
In summary, hiring an attorney skilled in Family Law matters may cost a bit more but it means you get someone who knows the law and who is accountable, giving you the necessary confidence and peace of mind in your time of need.
Are you in need of legal counseling for divorce or dissolution of a domestic partnership? The Law Offices of Ian S. Topf offer free consultation on a variety of issues, ranging from family law, estate planning, bankruptcy, DUIs, and landlord/tenant disputes.