In Los Angeles Superior Court, Do Parties Need Attorneys in Divorce Cases?
The quick answer: It depends on the case. In Los Angeles Superior Court, 90121 Family law cases were filed from January-December 2008 according to the Monthly Filings and Dispositions Report prepared by the Los Angeles Superior Court Statistics Section. There are not enough family law attorneys to handle all of those cases. In addition, each case is different: (1) some parties have been married a few years when others have been married for years and years; (2) some parties have children whereas other parties never had children; (3) both parties worked in some cases but the other spouse did not work and took care of the children instead; (4) some parties have obtained assets during the marriage; others do not have very many assets; and the list goes on. Adult citizens have each their own set of problems, cultures and characteristics.
As a result, the Los Angeles Superior Court and published books provide limited self-help services for those who cannot afford an attorney or who are educated enough to understand the forms and process, can read and speak English well and can represent themselves and do not have spousal or children support or asset issues. Even then, such self-help can be fraught with danger, and the parties should be cautious.
However, many issues arise where an attorney is essential. Attorneys have many skills not available to the lay person. All family law attorneys are skilled in evidence presentation. It is important that evidence may be considered by the judge; otherwise, the evidence never gets before a judge. Family law attorneys have (1) experience with many different cases not just your one case, (2) sometimes experience before a certain judge, (3) many volumes of case law, treatises and practice guides, (4) usually have an objective view of your case rather than the emotional cloud of a party, and many more skills that a lay person cannot compete with such skills.
In addition, lay persons can be confronted with unanticipated problems and complications that a skilled attorney will see before such an event happens and can recommend remedial measures before the occurrence. Unfortunately, we have seen too many clients get harmed by unanticipated complications in which the harm has already happened, and it is oftentimes impossible or impractical for an attorney to rescue the party after the fact. Most, if not all, complicated divorces should be handled by attorneys to minimize damages to a party in this life-altering process of divorce. Give us a call for a free consultation at frazeelaron.com for more information.
RoseAnn Frazee
Pasadena Family Law Attorney
