San Diego was featured in a New York Times article in 2014 as being one of the first municipalities to offer a one-day divorce program in California. In that article, it was reported that about 75 percent of all persons applying in family law court for some type of relief are not represented by attorneys. To obtain a free divorce in a single day may be a very appealing option for individuals without significant disagreements over parenting plans, debts, and equitable distribution of property. Such programs are certainly an improvement over the purchase of do-it-yourself forms because litigants are shepherded through the process by a family law expert. However, as reported by the New York Times, one woman who proceeded to file papers pro se learned after subsequently consulting with an attorney that she was entitled to her husband’s pension benefits. Proceeding pro se or through a court-aided one-day program would not have provided that woman with the advocacy, as well as the expertise, necessary to obtain those benefits.
Matters relating to alimony, pensions, retirement, and real estate are often very complicated for self-represented litigants to navigate, at best, and legal minefields, at worst. Yet, these are some of the issues most likely to be at the heart of divorces involving Baby Boomers.
According to a recent study published by the Pew Research Center, divorce rates have risen 109 percent among parties ages 50 and older since 1990. Many parties, who are often proficient in the use of the Internet, can find legal forms and learn about divorce-related issues through the many self-help resources available. However, as mentioned, divorces between more established parties often involve a more complex array of property and income issues. Even one-day divorce programs may not be the best choice for parties whose marriages are irretrievably broken because, while parties are apparently ready for an amicable dissolution, their property and alimony interests could lead to significant inequity without the help of competent counsel.
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