By Amy Hoch Hogenson and Alan E. Freed
You and your spouse have agreed your marriage is no longer working. You’ve sat across the kitchen table and discussed the terms. So, should you take the next step and file your own petition?
Usually, the answer is a resounding NO! Nonetheless, Missourians, along with others across the country still appear determined to represent themselves in both complicated and non-complicated divorce cases. In recent news, we learned that Jennifer Lopez filed for divorce from Ben Affleck without a lawyer. Given the anticipated complexity of the Lopez/Affleck case (whether a prenuptial agreement exists or not), the female half of Bennifer is walking on dangerous ground acting as her own lawyer.
In most states, spouses can file their own divorce papers without a lawyer. The fact that it is permitted doesn’t make it a good idea. Just as spending a few hours on WebMD doesn’t qualify you to perform surgery, searching the internet for divorce law will not equip you with the information you need to understand to protect your interests in a divorce.
Attorneys undergo three years of specialized schooling to understand how to find and interpret legal rules and statutes, and those who practice predominantly or exclusively in family law are in the best position to understand the law governing divorce. In a simple “kitchen table” case, it makes sense to at least discuss your case with a trained professional, and we certainly can’t recommend trying to represent yourself in a complicated case like the Lopez/Affleck divorce, which likely involves business dealings, real estate (a $67 million mansion), royalties, etc.
Even those of substantially more modest wealth will benefit from legal representation. A lawyer can explain the law, understand what judges consider, unravel the complexities of business entities, determine how to value real estate and business entities and find experts from other fields to assist if necessary. We haven’t even mentioned the complexity when children are involved.
It’s a classic case of “penny wise, pound foolish.” While you might save money upfront, it may cost you more on the back end, because it is very difficult to correct mistakes once a judgment is entered. Our office has seen too many situations in which clients who represented themselves want us to file post-divorce actions, resulting in time, energy, and effort to modify and correct the mistakes from the initial proceeding, with no guarantee of success, mistakes that could have been avoided with competent representation.
The family law attorneys at Paule, Camazine and Blumenthal are happy to consult with you to help determine what options you might have in your case.
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