Obviously, if you are not paying an attorney – you will save money upfront. Even though people do go through simple divorces without an attorney, the chances of a divorce remaining simple is low. I often hear of people who represent themselves through the divorce process and I am not surprised to find out that they lost many rights that they would have kept had they hired a good family law attorney. There are numerous rights that most people are unaware that they have. Without an attorney advising them, those that self-represent as pro-se will remain in the dark, unaware about their rights when they could have, and should have, received a better settlement.
When we are emotionally invested with our own case, as the case often is when we represent ourselves, we allow our passion to blind our ability to reason. The divorce process is an emotional rollercoaster of highs and lows that some describe as being more painful than the death of a loved one. It would logically follow that we will experience the same stages of grief that we experience when a loved one dies. Such emotional turmoil creates a passion in us that clouds our normal reasoning ability. Thus, self-represented divorcees have a high likelihood of unreasonably focusing their attention on matters of slight, if any, significance. This causes them to miss the forest for the trees and they end up becoming less likely to obtain the outcome they seek. We often hear the old saying that “we are our own worst enemy.” I believe that to be true when going through the divorce process and that is one of the reasons why I will hire an attorney to represent myself. Good family law attorneys can see our cases from an objective and professional perspective. Such a perspective allows them to avoid missing the forest for the trees, keeps their focus on the relevant issues that will help us and our cases, protects us from further emotional turmoil, and guards our rights through the process.
Why is it said that he who represents himself has a fool for a client? The self-represented pro-se divorcee is likely to lose much more money in the long run than they would have spent had they hired an attorney who can help them understand their rights and mediate, negotiate, or litigate to keep them. The long term costs of the loss of rights affect our pocketbook, our children’s lives, and our own quality of life. How much time would you like to have with your kids? What will your parenting plan look like? How will your assets be divided? There is something to be said about letting your attorney work for you to advocate for your future. We would not have to negotiate with our spouse or ex-spouse directly. This can protect us from a lot of the emotional costs involved in our divorce case.
At first glance, it may seem like a good idea to go through the divorce process on your own. After all you can save upfront costs on attorney fees. However, your long term financial and emotional costs may outweigh your short term benefit. Thus, if you would like to save yourself more money in the long run, be able to rest assured that your case is being handled professionally and that your rights are being watched out for, rather than attempting to deal with the complexities of the law while you are going through the grieving process, then I recommend hiring a good family law attorney to work for you through the divorce process.
Warm regards,
James P. McGarvey
Intermountain Legal, p.c.
(801) 784-8654
[email protected]
When Ashton Kutcher filed for divorce from Demi Moore, he sought only an equitable division of marital property. Moore has now responded with a request for alimony and attorney fees.
My review of the parties’ divorce papers (provided by TMZ and Radar Online) revealed virtually nothing. California’s divorce forms require little specificity. Both parties requested a division of community property but failed to provide the court with a list of assets. Moore’s papers include a request for alimony and attorney fees but do not include specific amounts. Nonetheless, Moore’s request for support has garneredthe attention of Hollywood reporters and critics.
Rumor has it that Moore is seeking alimony to compensate her for the emotional harm she suffered as a result of Kutcher’s affair with a younger woman. However, like Utah, California law does not provide for an award of alimony on grounds of adultery. The law focuses on the financial need of the party seeking support and the ability of the other party to pay support.
It is hard to believe that Moore has a need for financial support. Moore has enjoyed major Hollywood acting roles in movies such as “A Few Good Men,” “Ghost” and “G.I. Jane.” She is an expensive actress. According to IMDB.com she earned more than $12 million for her role in “Striptease.” She was also awarded a rumored $90 million in her prior divorce from Bruce Willis. Reports estimate Moore’s net worth at $150 million and Kutcher’s net worth at $140 million.
Notwithstanding her past success, Moore is likely to receive a generous portion of Kutcher’s estate. The reason: Kutcher’s wealth was accumulated during the marriage, while Moore’s was not.
California is a community property state, which means that each party is entitled to half of any assets acquired during the marriage. Moore secured most of her major acting roles in the mid-90s. She has secured an endorsement with Ann Taylor, but most of the income Moore received during her marriage to Kutcher came from residuals for past work. Since the majority of Moore’s wealth was acquired prior to 2005, only a small portion of her estate will be deemed community property.
Kutcher, on the other hand, earned his highest salaries during his marriage to Moore. Kutcher’s career is at its peak. He has secured numerous television and movie roles since 2005 and has invested his profits in technology companies. According to Forbes, at $24 million per year, Kutcher is today’s highest paid television actor. Since much of Kutcher’s wealth was acquired during his marriage to Moore, his estate will largely be deemed community property, subject to equal division between the parties.
Regardless of whether Moore receives alimony or is awarded half of the couple’s community property, she will likely receive a sizable settlement from Mr. Kutcher.
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