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Untying the knot yourself

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Indiana Lawyer Focus

When couples decide to divorce, they don’t always call their lawyers.

Instead, just like a home repair or remodeling project, many couples opt for a do-it-yourself divorce because either they cannot afford legal counsel or they believe they have the ability to reach an agreement on their own.

However, as attorneys point out, these pro se litigants often do not know enough about the law to identify all the issues that must be addressed when untying the knot. And once the divorce decree is signed, no matter how unfair or inequitable, the parties will likely have little recourse in the courts and could get stuck with what one lawyer described as “spectacular mistakes.”

valer Van Valer

Anecdotal evidence indicates the number of pro se divorces is rising. Attorneys are noticing and hearing about more couples maneuvering the legal process themselves. The 2012 Judicial Service Report, compiled by the Indiana Supreme Court Division of State Court Administration, recorded 15,000 pro se domestic relation proceedings, which include petitions for dissolution, legal separation and to establish child support.

John Sage, staff attorney at Indianapolis Legal Aid Society Inc., represents spouses who do not have the resources to afford legal assistance. They arrive at his office with the forms that have been downloaded from the Indiana judiciary’s self-service legal center.

Sage’s clients often seek help because they cannot understand the instructions accompanying the forms. Sage said the directions are not complicated for someone with an adequate high school education, but he sees clients

who are not “sufficiently competent” and get tripped up on things like knowing to put their name in the box marked “petitioner.”

“It’s frustrating because a lot of these people shouldn’t be doing their own forms,” Sage said. “People will hurt themselves with these (pro se divorces).”

kohlhaas-michael-mug.jpg Kohlhaas

The biggest consequence is one party not getting something to which he or she is entitled.

Sage recounted the story of one woman who became disabled during her 15-year marriage. She and her husband had done their own divorce but they never discussed disability maintenance so, although the woman could have gotten something equitable to alimony, she had nothing.

Couples can also get themselves into trouble by not being honest with the court.

Franklin attorney and registered mediator Kim Van Valer recalled getting a phone call from a woman seeking post-divorce advice. Even though they had a child, the husband had convinced the woman he would pay child support and health care coverage so they did not need to involve the courts in that matter. The couple ended up using the pro se form for divorce with no children.

The woman contacted Van Valer because the husband had reneged on his part of the agreement. Van Valer told the woman she had a more serious problem of perjury since she had signed documents telling the court she had no children. To try to get a remedy, the woman would have to expose her lie to the judge.

“This is legal practice and there is a reason lawyers do this and have to learn how to do it,” Sage said, explaining attorneys have the knowledge and experience to realize where the problems are and what questions to ask.

Yet, despite the messes that can be created, many attorneys were reluctant to advocate banning pro se divorce altogether.

gooden Gooden

“I don’t know that that’s even feasible and it sounds a little self-serving and heavy handed, telling people they’re not allowed to get a divorce unless they hire an attorney,” said Michael Kohlhaas, partner at Bingham Greenebaum Doll LLP in Indianapolis.

Alicia Gooden, Indianapolis attorney and domestic mediator at The Mediation Group, said she struggled with determining what more the legal community should be doing to help, but she did not want to make a blanket statement that all pro se divorces were good or bad.

More troubling to her are the individuals who believe they will be better off without legal representation. These people hold the view that attorneys are only interested in money and not the client. Gooden pointed out the attitude that lawyers only have their best interests in mind is contrary to the good attorneys she knows who are ethical and act with integrity.

Kohlhaas encounters such an attitude in his practice. He has been in situations where he is representing one spouse against the other spouse who has decided not to hire legal counsel. The pro se litigant may believe he or she can save money by not enlisting an attorney or is smart enough to figure out all that needs to be done.

In that situation, Kohlhaas said he will use email, rather than the phone, to communicate with the pro se party so there is a record of the conversation. Also, he will continually remind the spouse who is going it alone that he is only representing the other spouse and will constantly encourage the do-it-yourself litigant to get an attorney.

Then, if an agreement is reached, Kohlhaas includes a big, bold block of print above the signature line that, again, states who he is representing and that he has told the unrepresented party many times to retain an attorney.

Not every couple who decides to divorce pro se does it completely without assistance. Sometimes husbands and wives will work with a professional mediator to reach an agreement over division of property and child support.

As in the courts, pro se parties in mediation can make the process less efficient. The mediators have to work harder, asking questions that expose areas of disagreement, and they have to refrain from giving advice or making recommendations no matter how many times the clients ask for help.

Gooden and Van Valer attorneys have seen couples purposefully not hire attorneys because they fear with legal representation the process will become too acrimonious. In other instances, the couples want to keep costs down in order to have more money for their children.

Parties that are successful in reaching an agreement in an amicable fashion will more likely be able to co-parent harmoniously rather than fighting about every issue.

“If they don’t have anything they need to argue about and they do agree, it’s much cheaper to do it with mediation without an attorney,” Van Valer said. “Ultimately, someday I’d like to see people come to mediation first.”

However, a mediator in the room does not guarantee the couple will put together an equitable agreement. People going through a divorce are often in heightened emotional states and just want to get the process over with.

This raises the possibility that issues will be forgotten or not fully worked out, and modifying them may be even more difficult. Once the parties are divorced, they do not have to take their ex-spouse’s feelings into account and tensions can rise.

Sue Ann Hartig, attorney and retired director of the Legal Aid Society of Evansville, said in 1979, a final divorce decree was a page long. Now, with the required language, parenting time guidelines, child support calculator and exemptions, divorce has become more complicated and also more expensive – the two things that can really hurt pro se litigants.

“We’re definitely going to continue to have pro se litigants,” Hartig said, “and I think somehow our system will have to address that.”•

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  • shysters?
    Article says: "More troubling to her are the individuals who believe they will be better off without legal representation. These people hold the view that attorneys are only interested in money and not the client." Earlier generations of Americans had a spiritual focus, which is necessary to maintain a consistent moral resolve. Once all became focused upon materialism, the ethics became merely a matter of what the law allows one to get away with. No profession has suffered more from this emphasis upon money than the law, since many now view lawyers merely as opportunists seeking to maximize profits on someone else's pain. Time to pay heed to the following lest the hour grow too late for renewal:"we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams. We are quickly approaching a tipping point in which this nation becomes ungovernable (except via despotism) due to the universal dedication to avarice, greed and materialism. The masses are observing this and shying away from shysters for that reason.
  • Legal Solution !!
    Modern day phenomena should be handled in the most "CREATIVE" ways:See I.C.34-57-5-1 et seq IN.Legislature has provided for these already

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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