Fear Around Divorce in Santa Rosa, CA
Breeding The Culture of Fear in Divorce
It seems these days divorce lawyers from Santa Rosa, California all the way to the east coast are all shouting out the same tired old story about how divorcing couples need to be very worried about trying to attempt a divorce without a lawyer . Even locals, some of our very own Santa Rosa divorce attorneys, are admonishing people to beware of losing their “rights” in a divorce. These same lawyers will also claim that they will protect their client from getting “screwed” by their spouse, never bothering to consider that most couples are not out to screw anybody - indeed that those kinds of malevolent individuals in a divorce represent only extreme cases that hardly make up for the majority of divorcing couples. These saber rattling threats may make for an entertaining reality T.V. show, but relative to the actualities in divorce statistics, I feel that they are pressing an almost unethical culture of fear.
Divorce lawyers often claim that you should be very worried about your “rights” in a divorce. So what exactly does a divorce attorney mean when they refer to your “rights” in a divorce? The 8th edition Black’s Law Dictionary on my desk cites and defines one hundred and twenty three uniquely different kinds of legal “rights” for you to be aware of in the field of general law. There are literally dozens of “rights” involved when you get in your car and drive to the supermarket, purchase groceries and return home. Yet we do not require an attorney to represent or counsel us whenever we go shopping. Why must we be scared into retaining a divorce lawyer just because we want to dissolve a marriage; especially when there has been no indication that either party is interested in abridging the rights of the other, and has shown absolutely no evidence of intending to do so?
It’s a 50%-50% Thing
California community property doctrine makes an equitable and equally portioned distribution of assets, along with a fair allocation of debts, a matter of protocol in every California divorce. Divorce in Santa Rosa, and Sonoma County is no different. Why would a Santa Rosa divorce attorney, or any California divorce lawyer for that matter, strongly advocate that divorcing couples need to lawyer-up and fight over a marital estate when a 50%-50% division is already determined at law by community property doctrine? Further, it begs the question: “With two competent divorce lawyers representing opposing parties in a divorce, how could anyone expect something other than a ruling where there will be a relatively even division of property in the end anyway”? Why begin a fight where the rules were created to prevent anyone form “winning out” over the other? Why pay a lawyer to even try to do it? And even more to the point, if neither party in a divorce has an explicit agenda of taking advantage of the other, is it even ethical for any family law attorney to instill messages of fear about retaining a divorce lawyer so as to prevent the “loss” of rights in a divorce?
The Change Begins Here In Sonoma County
In Santa Rosa, and across Sonoma County, the Go Divorce Clinic has helped countless people end their marriage by meeting the actual needs of divorcing couples who choose to work together. We do this by providing to both parties information about family law that gives clarity to their choices, not advice on how to use the law to create strategies to win or prevail over their spouses as litigious lawyers often promote and do. No one “wins” in a divorce, and especially not the children who must survive it. We at Go Divorce Clinic imagine that the majority of all divorces in the United States will one day be processed by neutral divorce facilitators - just like the ones modeled by the Go Divorce Clinic. These helpful, safe and competent divorce professionals will replace and hopefully drive to extinction those aggressive and provocative family law lawyers who prey upon couples to get them to file a contested divorce, when those couples simply wish to cooperate together to conduct an uncontested divorce. It’s a vision we hold dear at Go Divorce Clinic as we begin that change, right here in Santa Rosa and across Sonoma County, one divorce at a time. We do it because all people deserve the dignity of having access to an ethical and responsible divorce service that is affordable; and we will continue on doing it for the children who are depending on us to help keep mom and dad working together as cooperative parents, even if they have chosen to no longer be married as husband and wife.
To schedule a consultation contact GDC at 707-978-6886 or Email.