By Josh D. Simon

As reported by The Detroit News, an increasing number of (soon-to-be-ex) spouses in Michigan’s Maycomb, Oakland and Wayne counties are heading for divorce without an attorney – and it may not be the wisest route.  

With tough economic times and the increasing availability of legal information and forms available on the Internet, more people are taking a “do-it-yourself” approach to their divorce. And while this is a smart cost-saving approach for some couples, for others it can, ironically, be the beginning on a long and expensive nightmare. 

Lack of Knowledge

One of the biggest challenges facing do-it-yourself-ers is a lack of knowledge concerning the ins and outs of the divorce process. This problem is worsened by the fact that some information on the Internet is valid for a specific state or jurisdiction -- thereby making it inapplicable in others. Furthermore, forms available on the Internet are not officially approved by courts in Michigan .

As a result of this, many legal aid offices are clogged with frenzied individuals clamoring for accurate advice on how to divorce. And many court dockets are just as clogged due to incomplete paperwork and flawed procedural understanding – something that is turning judges into tutors and courtrooms into classrooms.  

The Consequences

The impact of uninformed (and therefore mistaken-prone) individuals representing themselves in divorce proceedings can be severe. According to judges, people are losing out on rights that they’ll never be able to get back: everything from pensions to real estate to custody claims. And it’s not just assets and rights that are being lost; uninformed individuals can get stuck with debts that should otherwise be shared by both spouses.

Possible Remedies

Do-it-yourself divorce is attractive for its potential to be cost-effective. And for some couples, especially those with no contested assets or children, this could be a smart route. However, many people still require quality legal advice that is specific to their state and unique to their divorcing situation. 

One possible remedy to this difficult situation is to develop a system where lawyers represent individuals for a portion of their divorce, which would keep costs down. Another idea is to create better state-run websites that offer court-approved forms, tutorials, and other practical information.  

The Ongoing Concern

Improving the quality and consistency of information on websites is a move applauded by all – if only to make obsolete any websites that dole out bad or misleading information.

However, there is growing concern among legal experts that too much information and not enough legal advice can do more harm, than good.

As Kent Weichman of the Family Law Section of the State Bar of Michigan asks: [Information without advice is] like giving people tremendously powerful tools that can do as much damage as good. Would it be responsible for doctors to provide really clear diagrams on how to do home surgery?"

Tuesday, May 15
at 8 pm to 8:30 EST
Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
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