California courts are pioneering one-day divorce proceedings, but are these appropriate for your divorce?
In response to an overloaded court system and increasing interest in DIY solutions to legal matters, some California courts have launched programs offering one-day divorce proceedings to couples who don’t want to hire attorneys. While one-day divorce is in some ways a misnomer—the process still takes more than one day when residency and notification requirements are included—in other ways the term is quite apt. Some couples can now walk into the courthouse and walk out with their final divorce agreement in hand in a matter of hours.
So why aren’t we all doing one-day divorce proceedings? Unfortunately, this process has very limited applications and really only works for uncontested divorces.
Using a One-Day Divorce Proceeding
If all of the following apply, you may be a good candidate for a one-day divorce:
- Your divorce is amicable
- You have no children
- You have no significant assets or property to divide
- Neither spouse is requesting support
Even in such a case, it is probably still in your best interests to consult with a divorce attorney or mediator before going to the courthouse. This will help you to understand your rights and responsibilities and help ensure that the resulting divorce agreement is as fair and equitable as possible. Remember, you are not going to get any legal advice during the one-day divorce proceeding beyond checking that all your documents are in order.
Dangers of One-Day Divorce
The biggest danger of one-day divorce is that in taking this DIY route, you may end up inadvertently forfeiting your rights to child custody, spousal support, or marital property. One expert likened using the one-day divorce proceeding instead of consulting a divorce attorney to using WebMD instead of visiting the doctor. You simply will not have the in-depth understanding of the law that is needed to properly understand and safeguard your rights.
Your decision not to hire an attorney may save a few bucks now, but in the long run the mistakes you may make could end up costing far more. Here’s an example. Marissa York used a $50 DIY divorce kit to divorce her husband. She figured that since the divorce seemed straightforward, there was no need to involve lawyers or go through litigation. Fortunately for Marissa, her filing was rejected due to improper formatting. When she took it to an attorney, she got some important advice: by waiting 6 more months to file, she could become eligible for some of her husband’s pension benefits.
The important point to remember here is that if your divorce has any complicating factors whatsoever—such as a child custody dispute, an alimony request, or a same sex marriage question—you should not try to navigate the system on your own. Even with the administrative help provided by the one-day divorce process, you could still end up with an unsatisfactory agreement. You need quality legal advice from an experienced attorney such as Kendall & Gkikas.
