I have received a number of phone calls recently from desperate people ... desperate for legal assistance in the divorce process but unable to afford the retainers demanded by family law attorneys, let alone the costs of full litigation.
Worse, a few calls have been from couples involved in the divorce process but "want out" from under their attorneys whom they feel are charging too much, not returning calls, causing needless trouble ... in short giving less that the representation that they feel that they deserve.
In these cases I have tried to outline the benefits of mediation and the differences in the cost structure. It just seems that in the heat of needing to divorce, everyone "wants a lawyer to defend their rights" but in retrospect, they are appalled at what they have done. The problem with mediation seems to be that people are simply unaware of the benefits -- or have not even heard of the alternative. Why is that?
In some states, effectively, you cannot even get to court without having first tried to mediate the divorce, but in others there seems to be a willful "looking the other way," a sense of "you need a lawyer." Who does this benefit? Clearly, not the parties seeking the divorce.
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While I absolutely agree that a party would be well served to have an attorney review his or her separation agreement, it strikes me that a whole lot of relatively simple divorces could be best handled cooperatively.
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