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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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.