The Pitfalls of the Do It Yourself Divorce Part #3

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This post is the third post in a series where we alert you to the pitfalls of the Do It Yourself divorce.

Pitfall #3 Failure to understand court procedure.

Louisiana procedure is technical and not intuitive.  Lawyers are required to take classes in law school to prepare them for courtroom procedure because courtroom  procedure is complex.  Not only does each state have its own rules for courtroom procedure, nearly district within Louisiana has its own “local rules.” To add more to the mix,  each judge has his or her way of doing things.  You need to know all three sets of rules to be successful in court.

The Risks

If you don’t know and follow the rule, you can not show the court your side of the case. For example, you want the court to consider a document you brought with you.   But, if you don’t know the rules of evidence, the court may decline to consider your document. Perhaps you didn’t “lay foundation”  or you didn’t “authenticate” or the other side objects.   You may miss deadlines related to your case resulting in your case being dismissed.

A court proceeding is no place to wing it. You will be spending hundreds of dollars on court fees with our without an attorney.   Your will have wasted that money if your case is thrown out or your claims denied.  If you don’t like the outcome, you will probably be stuck with it.  Appeals are very expensive and winning an appeal is not easy.  The best place to win your case is in the trial court, not the appeals court.

We recently spoke with a woman who represented herself in the child custody phase of her divorce.  While she had a strong case, she lost custody of her kids.   She lost because she did not understand how to get her evidence before the court for consideration. The court made the decision without her evidence and awarded custody of the children to the husband. It will be very difficult and expensive change custody now.

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your divorce is valid.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.

 

 

The Pitfalls of The Do It Yourself Divorce Part #1

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Doing your own divorce in Louisiana without an attorney?   What could go wrong?

Just like doing your own surgery, handling any legal proceeding on your own is fraught with danger.     Do you know what you are signing?   Are you sure you fully understand the implications of what you are asking the court to do for you?  Are better options for you?  Do you understand what your obligations are?  This series illustrates just a few of the problems with self-representation in family law cases.

Pitfall #1  Using internet forms.

Louisiana’s laws are different than any other state’s laws. Internet forms may not contain the necessary elements to render an effective divorce or properly divide your property and debts.

Disclaimers, Disclaimers….

These websites have lots of disclaimers.  You can find them at the bottom of the page or on a back page.  When you read them, you will see that they are telling you not to totally trust the forms.  First, they tell you the site is not a law firm. Second, they warn you that the site does not provide advice, legal opinions or a recommendation.  Third, the site specifically states it provides no guarantee the forms are up to date with changes in the law. Fourth, you are warned the site is not a substitution for consulting an attorney.

The Risk

When you use  a form that does not fully meet the Louisiana requirements or the proper process and procedure throughout the case, your divorce may not be valid. For example, your divorce judgment is granted and you go about your business. Years later you discover that you made a mistake in your paperwork or in the process you used.  By then, you may have remarried. You may have accumulated significant assets.   This has actually happened in Louisiana and the courts were not sympathetic. 16 years after a couple’s divorce was granted, a court found the divorce was not initiated using the proper process for the couple’s situation.  Therefore, the court ruled the divorce was invalid, and they were still married.

If your divorce judgment is found to be invalid, your ex spouse will have claims against the assets you accumulated after the judgment.  In addition, you may be responsible for debts your ex-spouse ran up after the judgment.  Even worse, assuming it can get worse, and it can, your remarriage may not be legal.

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your divorce is valid.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.

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Protecting your Children through the Custody and Divorce Process

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We know how frustrating and scary it can be.  You want to protect your children from the ugly aspects of your divorce and child custody case, but your spouse is hell bent on putting them in the middle, making them chose sides, or worse, turning them against you.

You fear asserting your parental rights and the rights of your children to the guidance and maximum contact with both parents will ratchet up the tension, bitterness and venom from the other parent.  Taking the high road while insisting on the right thing for the children can be a difficult task.  You need help.  You need guidance.  You need a divorce attorney who understands the ins and outs of this battle.

The knowledge and support gained by hiring an experienced child custody attorney can take the fear out of the process, help you deflect the bitterness and manipulation of the other side, and help you stay on that high road for the sake of your children.  A child custody attorney will clarify the law as it relates to your situation, what your true rights are and how the courts will likely apply the law to your circumstances.  A child custody lawyer can help you plan your response to the bitterness and manipulation, guide you through the child custody process, and increase your chances of a favorable outcome for the children.

If you need help with a child custody matter, please call us at 318-255-1760.  We are here to help.  Put Ruston child custody Attorney Shelley Goff’s 25 years of experience negotiating and litigating child custody cases to work for you.

 To learn more about child custody and how a child custody lawyer can help in your case, read “Child Custody 101,” found here. 

North Louisiana criminal defense lawyer Shelley Goff invited to join National Trial Lawyers – Top 100 Trial Lawyers

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Recently criminal law attorney Shelley Goff was selected to join the National Trial Lawyers – Top 100 Trial Lawyers.  According the the unsolicited invitation letter, the organization evaluated Ms. Goff’s qualifications and determined that she exemplified the superior qualifications, trial results, and leadership in the field of criminal defense.

Ruston child custody and visitation lawyer Shelley Goff – state registered Mediator.

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Recently Shelley Goff has become a registered to conduct family law mediations for child custody and visitation cases.  A mediator is a neutral third party that helps couples going through a divorce try to work out issues without the expense of going to court. In doing so, she does not render legal advise.  The parties to the mediation may, but are not required to have legal representation at the mediation while they try to work out their differences in hopes of limiting or eliminating the issues that they raise in court.  Often mediations are an efficient and economical method of handling family law issues.  Under some circumstances, courts require parties to attempt to resolve their disputes through mediation before litigating the issues in court.

Ruston Family Law Attorney Published in Nationally Circulated Magazine

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Recently Ruston family law attorney Shelley Goff was asked to write an article for the The Warrior, a national legal journal. The article is entitled “Irreconcilable Differences:  The Use of TLC Methods in Domestic Relations Cases.”   Gerry Spence’s Trial Lawyers College teaches lawyers methods for presenting the truth to judges and juries and is usually thought to apply to personal injury and criminal defense cases.  In her article, Shelley, a 2004 graduate of the prestigious college, outlines how she uses these methods in representing parties to divorce, child custody, support, and other family law cases.  The article appears in the magazine’s Winter 2013 issue.