THE SECRET
TO AN EASY DIVORCE
You may believe that there is no easy way
to get a divorce. An "easy divorce" sounds like a
contradiction in terms - an oxymoron if you will. There is, however, an easier way to get
a divorce than the traditional way where both parties are represented by attorneys from
beginning to end. If you recently separated from your spouse,
or have been
separated for some time here is an easy method. Secure a no-fault divorce
with an executed Marital Separation Agreement, and file as a pro se litigant. "Pro se" means
to represent oneself. Pro se representation is a time-honored American tradition and has
been a practice in our country since its founding; it is also the least expensive and
least emotionally draining method of getting a divorce. Take a few moments while I explain
how you can get an "easier divorce."
THE SECRET TO AN EASY DIVORCE: CAN YOU DO YOUR OWN
DIVORCE?
Representing oneself is
not for everyone. If you have complex assets; if there is an imbalance of
power between you are your spouse; if there has been domestic violence
within the relationship or if you have difficulty communicating effectively, then you need to be represented by counsel. If however,
you can agree on all of your issues, and you enter into a Marital Separation
Agreement with your spouse, you can easily file a no-fault divorce in
Maryland.
Filing a no-fault divorce is a relatively easy and simple process.
If you have no children and no assets, you might not even need a Marital Separation
Agreement because a Marital Separation Agreement is intended to make matters
related to these areas clearer and without dispute. In addition, you can file your divorce papers directly if you meet the residence and
other divorce requirements in Maryland. Without self-representation, your total cost will be court filing
fees; thousands of dollars less than if you entered into a full
representation arrangement with an attorney.
I am a lawyer, and therefore not opposed to traditional legal
representation. However, I have helped hundreds of pro se litigants manage
their cases in relatively simple family law matters in Maryland and the
District of Columbia court systems. More than 20,000 pro se litigants
represented themselves in domestic relations matters in the Maryland court
system last year. This has
convinced me that with
the correct legal information and legal forms and some legal advice and
guidance, a person can handle his/her own
divorce without incurring the high cost of legal fees for a fully litigated
case. We have also researched the
satisfaction that pro se litigants get from representing themselves and remaining
in control of their case and the results have been overwhelmingly positive.
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THE DIFFERENCE BETWEEN 'RETAINING' AN ATTORNEY AND
PURCHASING JUST THE LEGAL SERVICES
YOU NEED WHEN YOU NEED THEM
If you "retain" an attorney in the traditional way, the
attorney will take responsibility to act in your behalf- to represent you.
In this case, you are handing over your power and authority to act to your
attorney. Attorneys often
take your case to court quickly, even when it is likely to make settlement
more difficult. An attorney who you "retain" must do what he or she
can to protect both himself, from your malpractice claims, and theoretically
you, from waiving any potential rights, even if it makes settlement more
difficult. It will also cost you a small fortune. Instead of paying
$2,000-$6,000 for each spouse for even the simplest cases, your total cost
will be under $500.00 for both parties, including all filing fees, and that
assumes that each party will want to purchase some legal advice.
When one spouse gets an attorney, the other spouse is likely
to get one too. Before you know it both attorneys
are writing letters, filing motions, and costing you double. All of a sudden
we have a contested case. Instead of two people who have difficulty
communicating (you and your spouse) - you now have four (your attorneys plus
your and yor spouse).
When you purchase legal services from us, we will not
represent you in negotiations with an attorney
or represent you in court in anyway. If you feel that you need this kind of
representation we can refer you to an attorney who is committed to keeping
their fees reasonable in domestic relations case. Our goal is to keep your
case simple. Keeping your case simple, is the secret to an :easy" divorce.
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CONVERTING YOUR
DIVORCE FROM A CONTESTED DIVORCE TO AN UNCONTESTED DIVORCE AND SAVINGS THOUSANDS OF
DOLLARS IN LEGAL FEES
If you have a contested
divorce -- a divorce in which you cannot agree with your spouse on one or more issues --
you will likely need to be represented by an attorney.
Once you give your
dispute to your lawyer, you lose control over it. You also lose control over
how much of your lawyer's time will be spent on your case. Often you spend thousands of
dollars more than is necessary to settle your case. To avoid this kind of complexity and
expense you need to convert your contested case into an uncontested case and
then purchase whatever services you need on a fixed price basis, not an
hourly basis. This is the secret to an easy divorce. This is the information
the typical divorce lawyer doesn't want you to know or
understand. Once all the issues have been settled you can file for an uncontested divorce
and represent yourself as a pro se litigant.
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WHAT IF YOU AND
YOUR SPOUSE CANNOT AGREE
ON ONE OR TWO ISSUES
If you and
your spouse cannot agree about one or two issues, your best choice is family mediation.
There is also a new process called collaborative divorce where the lawyers
representing each party agree not to litigate in court. Another choice is a
neutral process called claims evaluation. One or two hours spent with a trained mediator, or resolving your dispute through claims
evaluation, can save you thousands in legal fees and much emotional heart ache. Once you
have reached agreement you can execute a Marital Settlement Agreement which is the basis
for a hassle-free no-fault divorce. [See section on Mediation for information
about Mediation Resources].
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DOES THE
"PRO SE" PROCESS WORK? ARE PRO SE LITIGANTS GENERALLY SATISFIED WITH THE
OUTCOME?
Doing your own
divorce means that you do not retain an attorney, but that doesn't mean that
you can't get advice or help from an attorney. You should still have
detailed discussions with your wife about issues to be resolved by your
Marital Settlement Agreement. "Representing" yourself is more than signing
off on a few divorce pleadings. IT means taking responsibility for your case
and working through any issues that need to be resolved with your spouse. It
you have problems in doing this you can get help from mediators and
facilitators- but ultimately you are responsible for the outcome.
In 1993, the American
Bar Association's Special Committee on the Delivery of Legal Services, focused its
attention on self-represented litigants in the Maricopa County family court (Phoenix). The
Committee's report (Sales, Self-Representation in Divorce Cases, ABA, 1993) disclosed
that:
Over 50% of the divorces
were being handled without lawyers on either side and that only about 10% had lawyers on
both sides.
There was
widespread satisfaction reported with
the results of self-representation by those engaging in it.
There was
no indication of any harm
caused by representing oneself.
Our research on
hundreds of pro se litigants in family matters in Maryland also supports
these conclusions..
(See report at the, The Pro Se Law Center.) A more
recent study in December, 1997 in Massachusetts found a
significant number of people divorcing engaging in pro se representation,
with 69% if 10,746 cases involving at least one of the parties appearing
pro se. [See ABA Journal,
January, 1999, p.28, "Turning Pro Se"].
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START ON THE PATH
TO YOUR DIVORCE
If you don't have a
Marital
Separation Agreement (also known as a Property Settlement Agreement), and you have
children, a house, and any assets, you should have one. You can execute a Marital
Separation Agreement immediately after you separate and it doesn't have to wait until you
file for divorce. If you have already entered into a Marital Separation Agreement, or do
not need one, and the waiting period for your divorce has completed, you can file for your
no-fault divorce immediately.
The first step towards an easy divorce is entering into
a fully negotiated Marital Separation
Agreement (sometimes called a Marital
Settlement Agreement) with your spouse.
Sincerely,
Richard S.
Granat
Richard S. Granat, J.D.
Granat Self-Help Law Center, P.C.
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