Senin, 24 April 2006


Do It Yourself Divorce?
Do It Yourself Heart Surgery?


I get asked all the time: "Why can't I Divorce myself?" "You Lawyers charge too much,you are sharks! Can't you lower your prices." These comments never cease to amaze me in this age where a dissolution of a marriage, especially one that involves children has lasting ramifications for 10 to 20 years depending on the age of the dependents. Most people don't realize that they are usually stuck with the "deal they make." It is extremely difficult, contrary to popular belief, to change custody, child support and nearly impossible to re-calculate equitable distribution in this state (NY). Despite these truths I inevitably get the "price shoppers," in asking for the price of separation and divorce and attempting to haggle the price with me instead of realizing that there is a lot of truth in the "you get what you pay for" cliche. Not to say there are not some very costly attorneys out there who perhaps are not worth the prices they charge, but overall few of general public would dream of asking a surgeon to lower his price for heart surgery even if he didn't accept insurance, as I have learned first hand, most of the highest rated specialist do not. What about paralegals? My reply is "what about paralegals?" I hear they attempt to draft uncontested divorce paperwork and sometimes are even successful in the submission of documents. My concern lies in the agreement itself and what has been left out. An attorney familiar with matrimonial practice will usually leave no stone unturned in the drafting of such a document. Issues such as college, insurance and the like are addressed with specificity as is the visitation and custody paragraphs. An attorney worth his or her salt with cover all contingencies and leave little reason for a return to the courts for clarification or interpretation. Personally, I have handled one too many cases where a novice successfully drafted a divorce settlement only to cause the parties to re visit concepts which should have been addressed in the settlement papers but where either overlooked or intentionally left vague so the parties could "mutually agree on their terms." The problem inevitably arises however, where the parties cannot agree and some judicial intervention is needed to resolve these issues. Now the parties have to fight the good fight once again and the cost is usually greater than it would have been if they had hired an attorney to draft the documents to begin with. Cliches come into play for very good reasons....They are based in truth...Do your research and choose a professional.

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