Saturday, July 31, 2010

Do it yourself Divorce?

Many, if not all, counties in Georgia have responded to the increase in unrpresented parties in their family courts, by creating and handing out forms, templates, and packets for individuals to complete themselves. Almost always these forms come with disclaimers, advising the user that they should seek legal help from a lawyer, and that they use the forms at their own risk.

Unfortunately, the warnings do little, if anything, to cause litigants to slow down and really consider the effects of what they are doing. Too many parties view the paperwork simply as a hoop they must jump though to get that divorce.

Certainly all individuals have the right to represent themselves. But preprinted forms won't help a pro se litigant against an experienced divorce lawyer. Lawyers know not only the published rules, but the informal practices at each court. They know the judges, usually, and their likes and dislikes. Lawyers are practiced at assembling the evidence into a presentable and understandable fashion. Too many litgants, show up before the judge with a naive outlook that they will somehow get justice if they speak earnestly.

Divorce courts are no place to play amateur lawyer. The stakes, in terms of family relationships and finances, could not be higher. Too many clients come to me after the disaster has struck, wondering just what happened to them and where it went wrong.

If you find yourself in a likely divorce situation, don't trust your future to a blind faith in the court. It is likely to come out poorly. Save your pennies and go hire a good lawyer.

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