Do you know people who are not using lawyers because of the cost?

[undeterred]

In the past few months I've known 2 people who have gone through foreclosure, and 2 through divorce without hiring an attorney. The reason was because they couldn't afford one.

Its really sad that there is that big a gap between the legal system and real life.

[SoCalDem]

1. Truth-be-told, MOST people cannot afford a lawyer

I have used one twice..both involving estate matters when my parents died...had to because I lived in CA and they lived in FL (father) & KS (mother).. I have ridiculous siblings, and did not want any issues, so I hired a lawyer in each case .. The odd thing is that the estates were minimal ones, but I wanted everything handled correctly and above board:)

It was also an object lesson for my sons for when we "depart"...I cannot see our sons being assholes when we pass, but legal issues require legal intervention, so that everyone is satisfied that they did not get screwed:)

[undeterred]

3. I have a friend going through a divorce who is unemployed

and it is awful thinking she is going to get screwed over on maintenance because she doesn't have the money for a lawyer right now.

[treestar]

4. All she needs to do is present her financial situation

And look at the statute that provides for maintenance. Present the husband's financial situation.

Also see if there are lawyers who will ask for their fees from the husband. Many family law statutes provide for attorney's fees as something a spouse can recover.

[treestar]

2. Divorces may be best done without an attorney

Family Courts can be very user friendly. If people don't have property to divide, or their property is not complicated, it's probably not necessary. The court in my areas has forms to fill out for just about everything. The judges are very good and make fair decisions.

When they see lawyers, they expect to see expert witnesses, which are way more expensive than attorneys.

Most custody and visitation battles should not be fought. If you get attorneys, you need expert witnesses. If you don't have attorneys, the judge will just listen and make a decision. Or the parties will do what they should, settle it between themselves. When they get lawyers, that encourages them to increase the battle and make issues over small things just to have a fight.

Family Court is never satisfying. The judges make rather good, fair decisions, and of course both sides expected to win completely and crush the other side, so they are always mad about the decision. So coming to an agreement is always better. If attorneys can help with that, they are useful.

[undeterred]

5. Thank you, that is good to hear.