Mediate Michigan

The public is displeased with the divorce legal system, and sees it as too complicated, lengthy, and costly. The argument is that the system should satisfy society’s needs, not frustrate them. Heck, many soon-to-be exes are now spending more on their divorce than they did on their wedding. We need to change how we divorce, but the problem lies in figuring out what to change it to.

Lawyers could start charging less, but this isn’t going to happen. Lawyers’ rents, employee salaries, and other operating costs are not likely to decrease, so neither will their legal fees.

People could stop getting divorced, but this is not going to happen. Human nature is human nature and there will always be two sides to every story.

More people could start doing their own divorces. Admittedly, pro se (or pro per) divorce is becoming more common, but acting as your own lawyer is not for everyone. Only a small portion of the populace is actually capable of adequately representing themselves. The others may be making a grave mistake.

We could mellow-out our divorce court procedures and treat marital dissolution in a more family-friendly manner. However, this cannot happen because the Constitution prevents us from taking someone’s property without due process of law. This necessitates adherence to the rules of evidence, and to the strict standards that go hand in hand with formal court procedures.

I submit the answer lies in our finding a way to stay out of the divorce legal system altogether. We have to learn how to settle our cases before it becomes necessary to take them to court.

via J. Richard Kulerski: Hold onto Your Hat: Introducing the New Way to Divorce.