Saturday, May 22, 2010
Pro Se Divorce - Is it a good or bad thing?
The South Carolina Bar website now offers instructions and forms that allow individuals to represent themselves in family court regarding divorces on one year continuous separation or 'no fault' divorces as they are commonly called. This "Self-Represented Litigant Simple Divorce Packet" is available for both Plaintiffs and Defendants involved in the litigation. There are differing opinions on providing the forms online, however, it will definitely be useful to those who feel comfortable navigating their way through the legal system. Are there any thoughts or opinions regarding the forms? Has anyone used them?
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When you say "no fault" divorce, what exactly does that mean?
ReplyDeleteNo-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract. Laws providing for no-fault divorce also limit the potential legal defenses of a respondent who would prefer to remain married.
ReplyDeleteThis is good to hear, because that means parties no longer have to spend thousands of dollars in attorney's fees when that money could very well be allotted or apportioned to childcare.
ReplyDeleteThis is good to hear, because that means parties no longer have to spend thousands of dollars in attorney's fees when that money could very well be allotted or apportioned to childcare.
ReplyDeleteMy idea of a no fault divorce (based on client feedback) is where the parties are in agreement regarding the issues their divorce or have no issues to dispute. Others might call this an uncontested divorce or other terms that indicate the parties are not fighting over anything.
ReplyDeleteConvenient forms of representation is emerging today as a valid legal option. Consultations are still facilitated by divorce lawyers (Jacksonville Fl and other parts of the country). Moreover, some auxiliary functions like filing of documents can be done by a person who is familiar with the law. I'm glad that even representation can be done by the client now. But, for legal strategy purposes, it would still be best to get the advice of a practitioner. That way, an individual would be given more information about his case.
ReplyDeleteThanks for posting.