Choosing Legal Counsel
What are the choices for legal counsel?
What are my options for representation in the traditional divorce process?
- You may represent yourself and remain In Propia Persona.
- You may hire an attorney as your legal representative.
- You may remain In Propia Persona, but consult with an attorney regarding filing of documents and obtaining legal advice.
What is mediation?
In mediation, a neutral third party lawyer mediator aids the parties with regard to resolution of all issues associated with dissolution of marriage. The parties may consult with legal counsel, but the parties represent themselves (in propia persona).
What is an attorney’s role as an independent legal consultant?
As an independent legal consultant, an attorney may work with one party who is in mediation with a mediator. In that case, the attorney may review documents prepared by the mediator and/or meet with a party throughout the mediation process to advise that party before they enter into any agreements with the other spouse.
Also, an attorney may work with a party who chooses to remain In Propia Persona. In that case, the party may have the attorney complete and file the necessary judicial court forms on the party’s behalf. The attorney would advise the client substantively and procedurally. However, should the parties need to go into court, the party would represent himself/herself.
How am I represented in a collaborative divorce?
In a collaborative divorce, spouses, along with their attorneys, commit to resolving all issues associated with the dissolution of marriage. In fact, the parties agree that they will not go in to court. Traditional adversarial techniques are set aside to create a more collaborative approach to the resolution of disputes.
Financial Advisors and Coaches are appointed to deal with the financial and emotional aspects of dissolution.
A collaborative approach helps to reduce the time, cost, and emotional trauma of litigating the issues in court.