Minnesotans
who are facing the prospect of a marital dissolution know that the process can
be time-consuming and expensive. As a result, many may look for alternatives to
a traditional divorce, which
usually involves the hiring of a lawyer. According to one investigative report,
some people are even turning to Craigslist to buy the services of those who
peddle their ability to fill out divorce paperwork correctly.
While
this setup might work in the case of an uncontested divorce when everyone is in
agreement on everything, the Craigslist divorce has its drawbacks. Non-lawyers
are prohibited from giving legal advice in Minnesota or from representing a
person in court.
The
upshot of this is that while a person may be able to fill out forms, he or she
cannot legally tell his or her customer how he or she should approach his or
her divorce or what to do once the forms are filled out and filed with the
court. Moreover, while the person may think that he or she has someone on his
or her side, in fact that person will go to court pro se, that is, without a
lawyer.
When the
other side has hired a lawyer, this can make for a very one-sided divorce
hearing that can lead to a lopsided result. While a judge can ensure that the
rules of the court are observed by all, he or she cannot intervene on behalf of
a person simply because he or she does not have a lawyer.
Getting
someone who is not a lawyer to help fill out divorce paperwork may work in
those cases in which there really and truly are no contested issues. These
sorts of cases, however, can be quite rare. For those other cases, it may be
advisable to get someone who has the ability not only to fill out forms but
also to give sound legal advice and quality advocacy in the courtroom.
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