Do It Yourself Divorce/Martin Rosenfeld, JD

Posted on December 23, 2014

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A divorce mediator, Diana Danois, JD, just posted on HuffPo about divorce without an attorney’s services being enlisted. The obvious advantages are the legal fees that are saved and the non-confrontational aspect of such divorces. Ms. Danois poses an interesting question. People get married without enlisting an attorney (save for the possible use of a pre-nuptial agreement) why do they feel they need an attorney to get divorced? She attributes this decision to mistrust and fear of the unknown.

I agree in large part with this thesis but with one important caveat. A mediator is obviously not an advocate for either party. People in mediation would do well to consult with an attorney to ensure that they have not made decisions made on faulty premises and to ensure that they can have peace of mind about their decisions. if they do so, or consider that option but reject it, they are likely to be most comfortable with their decision. The goals of Ms. Danois would still be pursued in such instances. To use mediation to obtain an easy, peaceful, and affordable divorce.

Mediate don’t litigate.

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