CDSOC

Collaborative Divorce Solutions of Orange County

Connect With A Professional Today:
(949) 266-0660

Self-Representation

Self-Help Is Not The Best Remedy at Time of Divorce

By

By LESLEE J. NEWMAN, Family Law Mediator & Collaborator

Today in Orange County, approximately 75+% of the couples who are seeking divorce or legal separation do not have attorneys, and most do not even seek any professional advice.  Most couples believe that by finding information on the Internet, they can represent themselves through some of the most important decisions they will ever make in their lives concerning money, property, and most importantly, their children.

Most people do not know that family law is one of the most complicated areas of California law and the court system is not designed for couples who do not know how to represent themselves before a judge.  If you have to put on evidence in the form of a court hearing or trial, the California Rules of Evidence apply.  Most of the time, the self-represented person cannot competently present their most important documents or statements into the court record for judges to consider in making their decisions.

There are so many self-represented people now going to court who do not know how to address a judge or to present their case.  They spend much more court time than necessary and have substantially slowed down court proceedings, and the court’s calendar.  It can now take as long as 4 to 5 months or more for a hearing to be set before a judge.  Thus, the court’s consideration of important issues like parenting of children, monetary support, or even having the right to put the family residence up for sale is substantially put on hold to the great detriment of the divorcing couple.

It is a no brainer that seeking professional legal help is a smart move, and attorneys who can help you avoid going to court altogether are indispensable.  Unfortunately, it is a well-kept secret that transitioning couples can stay out of court and settle all aspects of their divorce through mediation or collaborative divorce.

The costs of a collaborative divorce typically are a lot less expensive than litigation which before a judge in Orange County has an average cost of about $90,000 and could take more than a year to complete.  A mediated divorce is typically about $5,000 to $7,500, and can be completed in about 3 months depending on the complexity of the divorce.  Which path should you choose?

Your Six Different Divorce Alternatives

By

by Leslee J. Newman, CFL-S, Family Law Attorney
Orange, California

1.  Self-Representation (“Pro-Per”)

Both parties may consult with attorneys, but decide to represent themselves in or out of court. Both parties are ultimately responsible for the agreements and paperwork that goes to the court for filing including the final Judgment.

Leslee Newman
Leslee Newman

2. One-Party Representation

One party is represented by an attorney and the other is not. Generally, the party who has the attorney is responsible for drafting the paperwork, and the unrepresented spouse would get advice as to what he or she wants included in the final Judgment.

3. Both Spouses Have Representation

Both spouses have their own litigation counsel, and try to settle parts of the case through settlement discussion. If they are unable to settle some or all of the issues, the case goes to court for a judge to make the decisions for the spouses.

4. Mediation

Both spouses retain the same mediator who acts as their neutral facilitator and does not represent either party. Depending on the style of the mediator, and whether or not the mediator is an attorney, the spouses may have the benefit of being educated as to the law, available options, recommendations, and suggestions, etc. If the mediator is an attorney, there is the added advantage of accurate drafting of the court forms, and the Judgment of Dissolution of Marriage.

Because the mediator is a neutral party, the mediator encourages both spouses to consult and review the Judgment with other attorneys before signing. There is also a confidentiality privilege in the California Evidence Code, called the mediation privilege, which can help to protect the privacy of the mediation process. If the spouses are able to settle all of the issues of their case through mediation, they do not have any court appearances.

5. Collaborative Practice

The Collaborative Process features an integrated team of professionals. Each spouse retains their own Collaborative lawyer, and a divorce coach who is a mental health professional assisting with the communication, the emotion of the divorce, and helping to regulate the interaction between the parties. The neutral professionals on the team are a financial specialist (forensic or financial planner), and a child specialist, if there are minor children or adult children still living with the parents.

Through the Collaborative Process, the spouses and their professional team enter into a written agreement with the understanding that if the collaborative process breaks down before the entry of the Judgment or completion of the case, then the professional team, including the attorneys, are disqualified from going to court and continuing on the case.   This process usually includes the privilege of confidentiality in the written stipulation to begin the collaborative case.

6. Cooperative Process

The cooperative process begins with an informal agreement between the spouses and their attorneys not to go to court, but to conduct settlement discussion and face to face meetings to settle the issues of the case.   Unlike collaborative practice, however, the spouses and their attorneys are not disqualified from going to court if there are any issues that cannot be settled out of court.