- With all of the blank forms on the Internet, Can't I just improvise
and do my own divorce?
The blank forms online are only a small part of the divorce process
and the considerations for obtaining a dissolution. An analogy is the
case where someone might obtain dental instruments and a manual on dental
procedures and attempts to perform their own dentistry. However, few
people would be able to produce acceptable results.
A skilled attorney in Washington is versed in Washington State law
and how the Washington courts interpret the law. There are often additional
considerations should the divorce concern real estate, retirement plans,
or if one of the parties is, or has been in the military. Furthermore,
Washington Civil Rules issued by the Washington Supreme Court must be
followed if one is to receive relief from the court. Many counties,
including Pierce, King and Kitsap County have local court rules issued
by court system that must be strictly followed as well if one is going
to obtain any relief from the court.
Finally, an improperly obtained divorce can many times be set aside
by the court at a later time if something was done improperly. This
can be very time consuming and expensive. As a general principle, people
are entitled to represent themselves in either criminal or civil court.
However, whether it is a wise choice is another issues. A skilled Washington
attorney typically has a four year undergraduate degree, three years
of law school, a knowledge of Washington statutory law (RCWs), a knowledge
of Washington case law (Washington State Supreme Court and Court of
Appeals cases), the general Washington Civil Rules of Civil Procedure,
and the local court rules of the county where he or she is representing
the client. Finally, the attorney should know the law concerning real
estate, if necessary and any applicable Federal Statutory and case law.
- Am I entitled to an attorney? If I have a financially difficult
time paying for an attorney, will one be appointed for me?
Yes, you are entitled to hire an attorney to represent you. However,
because a divorce action is civil, rather than criminal, in nature,
you are not entitled to a court appointed lawyer at the public's expense.
- I am in the military. How are my rights affected by Washington
State Law? What additional issues apply to me?
If you or your spouse are in the military and you are considering a
divorce, are in a divorce action, or have been divorced, you should
take extra care to make sure your attorney understands the following
issues:
a) Protection of military retirement
b) Disability issues
c) Legal Protection from defaulting in civil actions
d) Special jurisdictional protections
e) Special protection from military disability pay being divided
The legal issues concerning those in the military in divorce issues
are often more complex than when both parties are civilians. In addition
to issues such as the custody of the children, child support issues
and property division, those in the military must also be concerned
with their military pension which has significant value.
|