blkeydsus5 said:
Hi,
My husband of 16 years wants a divorce. We live in California. He wants to go through a paralegal to get the divorce, but I have been told that it would be in my best interest to go through a lawyer. I've also been told since we don't own anything except for a small business and we can agree on everything that we could go to an arbertraor, is this right & how does it work?
My response:
First, since you "can agree on everything", then you don't need an "arbitrator". If you agree, what's to "arbitrate"?
Second, you don't necessarily need an attorney if both of you are not contesting the divorce. A paralegal is a "scribner" (someone who writes for you), and CANNOT, by law, give you ANY legal advice. So, don't even bother asking for advice. The moment a paralegal starts spouting laws at you, or says something like, "he can't do this under the law", or "this is my idea for splitting the Community Property assets", the law has been violated.
A paralegal merely fills out the papers for you, uses your agreement to compile a "Settlement Agreement" for an uncontested divorce, and files those papers with the court. That's it. Nothing more. If you don't like the outcome, it's on your shoulders - - not the paralegal. All the paralegal is doing is filling out papers per court requirements and per your orders.
Third, if you need an attorney, the attorney will advise the both of you concerning your rights, duties and obligations, informing you of what to expect, what you can do, and what you can't do - - all based upon current law. If you need that type of advice, then you'll need an attorney.
Good luck to you.
IAAL
