Tuesday, September 23, 2014

WOULD A CRAIGSLIST DIVORCE WORK IN MINNESOTA?

On behalf of Askvig & Johnson, PLLP

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.


Source: KRISTV, "6 investigates: DIYdivorce on Craigslist," Janine Reyes, Aug. 12, 2013

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