Do-it-yourself Divorces Suit The Unencumbered--but Kids And A House Mean Lawyers

"You don't need a lawyer to obtain a I divorce if you don't have any problems," I says one local attorney. But about the only way to breeze I through a "do-it-yourself" divorce is if I you: -Have no children; - Own no real property (land or a I house, forexample); -Have no dispute about any other I property; - Usually have only been marned a I short time. Once you've stepped outside the I bounds of these provisos, however, the I going gets more complex and henee, I more difficult. "If all you have is some household furI niture and two old cars," says Jean L. I King, Ann Arbor attorney, "it may be I easy. But you have to be in complete I agreement on how these things will be I split." An attorney with The Research Group, I Inc., a local research firm for attorneysI at-law, points out, "If no judicial deciI sions are necessary for splitting up I belongings, then you can probably repreI sentyourself. "But if you can't effect a property diviI sion between yourselves, or say, you own I a house in both your names, then you I each need a lawyer. "When the question of child custody I enters the picture, the going becomes extremely sticky. "A woman needs her husbanti to have a lawyer more than she does i f custody and child support payments are inB volved." If the custody of a child is awarded to H a wife, for example, in a default divorce I (the husband is out-of-town or merely - I f TJ'1 doesn'f show up for the dorce action m court) and is unrepresented, in later litigation, it may be found that as he wasn't represented by counsel, he was denied certain rights in the initial proceedings. Having a lawyer in this instance, would keep things "cleaner," the attorney says. "To insure support payments, the wife may cali her lawyer and teil him her husband is behind in his payments. Her lawyer then calis his lawyer (if he was represented by an attorney). Then his lawyer can exert some pressure on the husband to pay. He may listen to his lawyer before he would listen to a judge. Besides, he'd have to pay his lawyer to defend him in court if he doesn't pay." Paying a lawyer to defend you doesn't necessarily mean there won't be any trouble, but you do take a step in the right direction of assuring yourself that you won't forfeit certain rights that you don't know about. Sally Baker of the Women's Crisis Center, who "did her owit divorce" in Livingston County, occasionally counsels women who wish to represent themselves in court to obtain a divorce. In her case, the judge told her what forms to buy, how to fill them out and howtofilethem. She had no children, no major property disputes. Her husband was agreeable to working out an equitable arrangement. "There were no major bones of contention and we found it a simple process to represent ourselves," she says. "But in talking to other women I always point out that this is only what I did in my case. And I try to find out if there's any reason why a lawyer is necessary. "Representing yourself in court is not appropriate for those who need legal defense of any kind. "But it may be good for those who can't afford to pay for expensive divorceproceedings." Many attorneys suggest that you see a lawyer if only to find out what is entailed in representing yourself, but some have misgivings about advising in complex situations and then being held responsible for mistakes afterward. Louis Rosenzweig, counsel for the State Bar Grievance Board indicates any attorney may legally offer sufficient advice to a layman so that that person may be legally equipped to represent him or herself in court to obtain a divorce and charge that person for the advice or services rendered. fm "The Bar is strenously opposed to ■ men attempting to offer this advice," he says. There are problems the layman can't foresee, he adds. And he offers this example: "If a couple has been married for 20 years and the woman attempts to L sent herself in a divorce case without ; P gal advice, there are Social Security rights and property rights she may not know about or even know whether she is entitledtothem. It may even be advisable for her to ■ wait (in the case she hasn't been married 20 years) until she has been married 20 years so she'll be eligible for these Social Security rights. Many attorneys recommend that you talk to a lawyer for a half hour, finding out if you can trust and relate to them, and deciding if that's someone you want J to put your affairs in the hands of. It may cost between $40 and $50 an hour to do this, but it's a good