Divorce – DIY?

A friend asked me recently how to beat the high cost of an uncontested, simple divorce.

He said that all they needed was a lawyer to write up what they have already decided on. Nothing complicated. He has complained over the past two years that the lawyers want to complicate matters, not just record them.

His wife and he have been separated for several years, and he has been working hard to pay off all the credit card bills. This task is almost complete. Any idea what it really takes to pay off a slew of credit card bills? Like about $30,000 worth?

They know exactly what they want in the divorce agreement. The children are adults. They don’t own a home.

Both his wife and he have legal “insurance” plans through their respective employers. That ought to keep the cost down; right? Wrong! What are the best quotes for legal costs so far, over and above their legal plans at work? $1,200 and $1,600.

On the McHenry County Government website (co.mchenry.il.us) the fee for Dissolution of Marriage is shown as $236.00. Let’s say that these estimates of total cost for the divorce include that fee. That leaves $1,000-1,400 in legal fees for the couple who, after several years, have now decided to finalize their separation and divorce.

We all know that lawyers use “boilerplate” for standard matters. It’s a simple, low-time procedure for a paralegal to enter names and press “Enter” on the computer’s keyboard. The printer then spits out ten sheets of divorce papers. In the past, yes, it was time-consuming for a legal secretary to type original copies of multi-page documents. Then word-processors were invented, and that time shortened because the standard language could be programmed into the typewriter. Now, it’s even easier and faster with computers (and people who know how to use them).

While it’s true that a lawyer is responsible for the document he creates (and will charge for that responsibility), the new client shouldn’t have to pay excessively for documents that have been set up and used for years.

If the client just wants to buy a lawyer’s time and doesn’t need or want hours of education, why should he have to pay for them?

If it’s a simple matter of “This is what we want. Here are the names and a list of assets and liabilities. I’ll carry it to the courthouse and file it”, then probably only 1-2 hours of a lawyer’s low-expertise time is needed. What’s that worth? $300? $400? Definitely not $1,000-1,200.

I suggested to this friend that he buy a good book at Barnes & Noble or at another bookstore and do some homework. He might even find forms in the book that can be re-typed and used.

Or go to a large office supply or stationery store and look for standard forms.

Or go to the courthouse and examine copies of divorce forms that can be viewed, because they are public records. The courthouse probably won’t let him photocopy the forms or purchase a copy of them, but he could sit in a booth and copy them by hand.

A while back there was a local business that provided legal forms. They used to advertise heavily, and I suspect the lawyers ganged up on them and shut them down. They claimed not to provide legal “advice”, but they certainly had a lot of “information.”

Find others who have done their own divorces. Look for a two-hour, non-credit class at MCC or another educational institution.

Even with do-it-yourself forms, it’s probably a good idea to have a lawyer make a final review.

I belong to Pre-Paid Legal Services, Inc. and often utilize the member service of Contract Review. As part of my membership they will, without additional charge, review up to ten pages of a contract that I fax to them. I wrote my own Life Insurance Trust, but I had years of experience as a life insurance agent, and I worked with estate-planning attorneys, CPAs and trust officers with mutual clients. I knew what I wanted in it, and I wrote it that way. When I sent it to Pre-Paid Legal for review, they asked where I had gotten the document and did not recommend one change in it.

I also represent Pre-Paid Legal as an Independent Representative and sell their memberships, which start at $17.00/month for a family. If you would like membership information, please get in touch with me.