Family Law

Do-It-Yourself Divorce Trend

Do-It-Yourself Divorce Trend
By Maureen Naylor, ABC-30

1/2/2007 - They call it a "do-it-yourself divorce". And in California, a majority of people choosing to end their marriages do so without a lawyer. But it's something legal experts say can bring big problems.

Like many others...Teresa Camarillo never expected her marriage to end. "It was 'til death do you part and I didn't think I was going to get divorced," Camarillo says.
But after only 6 months married to her boyfriend of 12 years, Camarillo filed for divorce and did so without a lawyer.

"It was very expensive, and I thought I was maybe smart enough and thought how hard could it be? We didn't have property together. But it ended up being a lot more difficult than I thought," said Camarillo.

Court officials estimate 80% of Californians file for divorce themselves without a lawyer, and 33% of those still aren't finalized.

The high cost of divorce often drives people to bookstores, where shelves are lined with divorce literature, including a $35 "No Fault Divorce Kit" that claims to have a 100% guarantee. But experts say things like that can do more trouble than do good.

Divorce lawyer Dorothy Carroll says, "The problem with the do-it-yourself is you're usually doing it wrong."

Carroll says all too often people don't complete the process and many unknowingly break the law and become bigamists, because they remarry before they're legally divorced.

But hiring a lawyer is often costly. Carroll has handled divorces ranging from $750 to $50,000.

"Custody battles tend to be the nastiest and most costly because it's good people at a bad time and the last thing they can hold onto is a child," says Carroll.

After five years of headaches, Camarillo eventually hired a lawyer and ended up paying more than $5,000. Lawyers say seeking advice in the beginning can mean a cheaper divorce in the long run.

Carroll advises, "At least go talk to someone about it. It's either a free consult often times, or so it's a couple hundred dollars that can save you many thousands of dollars down the road."

From San Francisco Family Law Blog posted 2007-01-02.