If you’re thinking of representing yourself in a divorce proceeding, 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. One or several attorneys and support staff, based in the local courthouse, are available to assist individuals in drafting important papers and documents related to family law matters, such as divorce.
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 divorce 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 divorce proceeding, nor can they advise you as to the strengths and weaknesses of your case.
Also, since there’s 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 an hour before it opens just to get a place in line. Then you have to wait for the facilitator’s office to open, after which you’re 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 a full day every time you need documents prepared.
Most people don’t have that kind of time to spare. Hiring a divorce attorney to handle your case means they do this work for you.
Option 2 – Online Do-It-Yourself Services
A variety of websites provide the necessary forms to file for divorce, as well as assistance in how to complete them. (Most of these sites require payment for these services.) Employing an online service will generally cost less 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 they’ve completed online, the judge finds they’ve done so incorrectly and need the services of a lawyer. Plus, many sites may not have the specific forms required in the county in which you live or the forms they provide may be outdated or obsolete.
One more thing to keep in mind – If you hire a non-attorney or you go through a self-service program and if something goes wrong, who do you go to complain to or to get your money back? Very few situations involve uncontested, no-issue divorces. Generally speaking, something always pops up during the proceeding, (a dispute over custody, disagreements concerning the division of debt, etc.), and the above-mentioned options offer very little assistance in such cases.
Hiring an attorney skilled in divorce cases means you get someone who knows the law and who is accountable to both you and the state bar, in case something goes wrong.
Are you in need of legal counseling, document review, or have any questions about the above topic? The Law Offices of Ian S. Topf, APC offer a free consultation on a variety of issues, ranging from family law/divorce, bankruptcy, and estate planning to criminal/DUI matters and landlord/tenant disputes.