Most people start off with a simple divorce case, or one that could probably become simple if handled right. However, such cases don't usually stay simple after an attorney is retained.
Divorces tend to be fairly sensitive, so it doesn't take much to stir them up, but lawyers and the legal system tend to make things more complicated, more stirred up, worse instead of better. This is because of the way the system works and the way lawyers work in it.
When one spouse or partner gets an attorney, the other is likely to get one too, and then the fun really begins. Two attorneys start off costing just double, but pretty soon they are writing unpleasant letters, filing motions, and doing attorney-type things as a matter of routine that may not be helpful. Now instead of a simple divorce you have a contested case, more fees and charges, and a couple of very upset and broke spouses.
In the end, you will still have to negotiate a settlement with your soon-to-be Ex. Over 90% of all cases settle without trial, but when attorneys are retained, settlement usually comes after the parties are emotionally depleted and their bank accounts exhausted. Why go through all that when you could have a simple divorce if you don't retain attorneys?
The moral of this story is this: don't retain an attorney unless you absolutely must. If you do it entirely yourself, or with the right kind of help, you have a much better chance of keeping an easy divorce easy and of reaching a settlement much earlier.
Two Ways to Get a Simple Divorce
If you don't have much (or any) property or debts, and you don't have minor children, and neither child nor spousal support will be an issue in your divorce, then you have a simple divorce automatically. You don't have to work at achieving one, that's just the way it is.
However, even if you do have some or all of those issues, you can still achieve a simple divorce by deciding to work together to do your divorce yourself, and save the aggravation and legal fees you will incur if you end up with lawyers in a court battle.
The key to reaching your goal is to cooperate and create a settlement agreement that specifies how you will handle the division of your property and debts; child custody, visitation and support; and spousal support if appropriate.
The two of you will have come to an agreement at some point, so why not work to settle your differences right from the start, instead of after spending lots of time and money on a court battle?
It used to be that you would have to pay an attorney thousands of dollars to draft a settlement agreement for you. But now there is inexpensive software available that you can use to create a professional quality, legally correct settlement agreement on your own.
Once you understand that 90% of a divorce is the settlement agreement, you will see that if you can work one out with your spouse, all you'll have left to do is file some paperwork, and you will end up with a simple divorce.
To learn more about California divorce go to Simple Divorce and sign up for the free guide.
Ed Sherman is the author of How to Do Your Own Divorce in California and the divorce expert attorney famous for founding Nolo Press and the self-help law movement. Since 1971, his books and software have saved divorcing couples BILLIONS of dollars in legal fees. He owns www.CaliforniaDivorceForms.org, where he provides comprehensive advice and tips on how to get the best possible California divorce.