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]
The biggest celebrity divorce story of the week was reported here by the Daily Mail Online and here by Forbes. Few financial losses can rival the potential blow to Harold Hamm’s fortune as a result of his divorce from wife Sue Ann Hamm. Mr. and Mrs. Hamm have already entered into a confidentiality agreement, so the media can only speculate about whether the couple signed a prenuptial agreement before they were married.
Harold Hamm is a self-made oil tycoon, reportedly worth $11.3 billion. Mr. Hamm is one of the wealthiestmen in America and has been named one of the most influential people in the world by Time magazine. If he and his wife did not sign a prenuptial agreement, Mr. Hamm could be ordered to pay as much as $5 billion to resolve his divorce.
Pursuant to Oklahoma divorce law, marital property is equitably distributed between the parties to a divorce action. Equitable division requires that all property and financial assets accrued during the marriage be divided in a fair and just manner. While equitable distribution does not necessarily require equal division, Mrs. Hamm will likely receive a very sizable payout.
Mrs. Hamm is an economist and lawyer. However, she gave up other employment opportunities to work as an executive for her husband”s companies. Mrs. Hamm worked for her husband at a time when the value of the Hamm oil companies increased significantly. Five of the companies have been subpoenaed to provide financial records and information in the divorce case. A well-drafted prenuptial agreement could have protected Mr. Hamm’s companies from being divided or sold in the event of divorce.
Prenuptial agreements can also be drafted to take into account potential changes in circumstance. When drafting a prenuptial agreement, your attorney should consider penalties for adultery or abandonment and incentives for supporting family businesses or caring for children. Mrs. Hamm has alleged that her husband committed adultery, and her allegations may result in a larger payout. Adultery is relevant to the issue of equitable property distribution. If Mr. Hamm diverted resources away from the marital estate to visit or buy gifts for girlfriends, Mrs. Hamm may receive a larger portion of the remaining estate. Mrs. Hamm’s pain and suffering may also be taken into account.
Discussing and negotiating a prenuptial agreement is smart financial planning for any couple planning to enter into a marriage relationship. Broaching the subject to your future spouse is not easy or romantic. However, negotiating a prenuptial agreement is similar to purchasing a life insurance policy. Just as you do not wish for your spouse’s demise, you do not wish for your marriage to end. It is impossible to know what the future may hold, and it is smart to plan for unforeseeable events. It is always easier to discuss a fair and reasonable dissolution while you and your spouse still like each other.
Family law attorney Hailey Black is experienced in drafting thorough, equitable and clear agreements. If you would like to negotiate a prenuptial agreement before taking the next step in your relationship, Hailey is available to consult with you about the requirements and to assist you in drafting an enforceable legal contract.
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