Examples of When Legal Representation is Necessary... Or Not Necessary

A man and woman have been married for two years. They have no children. They both work and are capable of self-support. They decide their marriage was a mistake. Although they each have some anger at the other for the failed marriage, they are able to agree on how to divide the property they have. (Each will keep what they brought into the marriage, and they will divide approximately equally a joint money market account after they pay off their MasterCard debt).

If the main goal of each person is to end the marriage and go their separate ways and neither wants financial support from the other, neither the man nor the woman may need a lawyer. If the court system is user-friendly, they may be able to process their own divorce. If the court system is complicated or if they do not want to be bothered with learning how to do the paperwork, one of them may hire a lawyer to process the divorce and the other can choose to be unrepresented and consent to the terms of the divorce. If the unrepresented party becomes uneasy about what his or her rights are or about the fairness of the agreement, then that party should seek legal advice.

Another example: A woman and man have been married for twenty years. They have three children, ages nine to sixteen. The husband owns his own business--a group of snack shops. The wife stayed home to take care of the children for eight years; and she has worked part-time since then. The husband wants a divorce. The wife does not, but she realizes that the divorce seems inevitable. They dispute many issues, including the value of the husband’s business, the disposition of the home, the wife’s request for alimony, and the amount of child support. In this case, both the wife and husband need representation. There are many financial issues to sort out. Expert advice probably will be necessary to determine the value of the business, division of property, and support for the wife and children. If the wife does not trust the husband’s financial statements, that is all the more reason to obtain legal help. If one party is seeking a portion of a retirement or profit-sharing plan established by the other, a lawyer’s services will be necessary to draw up the appropriate papers to divide the parties’ interests in the plan and avoid adverse tax consequences.

A final example: A husband and wife, both thirty-five, dispute custody of their children, ages five and seven. Both want sole custody. Both have been actively involved in raising the children. The husband and wife will need representation if the issue of custody will be contested in court. The emotional issue of custody is usually too sensitive for parents to be able to represent themselves. Before going to court, however, the parties may wish to see if they can settle their dispute through use of a mediator. A mediator is usually a mental health professional or a lawyer, who will work with the parties to attempt to reach a solution acceptable to them and in the best interest of their children. The next chapter will discuss mediation and other alternative means of dispute resolution.