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-   -   Can I get a paraleagel to do my divorce (https://www.askmehelpdesk.com/showthread.php?t=445208)

  • Feb 9, 2010, 09:01 PM
    Tommy1371
    Can I get a paraleagel to do my divorce
    I won't to get my divorce we have been separated since 2000 and we are with other people now and We won't a divorce now
  • Feb 9, 2010, 09:02 PM
    Tommy1371

    I need the cheapest one I have two kids and laid off
  • Feb 9, 2010, 09:03 PM
    Tommy1371
    :)
    Quote:

    Originally Posted by Tommy1371 View Post
    I need the cheapest one I have two kids and layed off

  • Feb 9, 2010, 09:15 PM
    J_9
    Tommy, please be patient. We are all volunteers here who devote our time to family and jobs. We do this of our own free will. We do not get paid to sit behind a bank of computers and answer questions. As soon as someone comes along who knows the answer to your question I'm sure they will help you.
  • Feb 10, 2010, 12:54 AM
    dontknownuthin

    Paralegals must work under the direction of a supervising attorney, so you need an attorney. Working directly with you and not having an attorney overseeing that work would constitute unauthorized practice of law and it's not a legal thing for a paralegal to do anywhere that I'm aware of.

    Probably a better option would be to look into legal aid organizations - there are legal assistance organizations in every state which provide free and low cost legal services to people who could not otherwise afford representation. The services are generally donated by attorneys as a public service and can be very high quality.

    With two children, you will need to ensure that your rights are preserved and that the arrangements are fair, and paralegals are not trained nor permitted to provide legal advice.

    If you are not able to secure free or inexpensive legal help now, I would suggest that perhaps you separate for now and pursue the legal divorce once you are back to work. I know it's not ideal, but divorce does take time and while most people going through divorce want to run like they are fleeing a burning building, usually rushing under such distressing circumstance as a failing marriage is a mistake. Take your time, get the right legal representation, preserve your rights, make sure the kids are taken care of properly and so on.

    Good luck to you.
  • Feb 15, 2010, 10:46 AM
    JudyKayTee

    Where are you and what are your grounds for divorce?
  • Feb 16, 2010, 12:39 PM
    cozyk
    Quote:

    If you are not able to secure free or inexpensive legal help now, I would suggest that perhaps you separate for now and pursue the legal divorce once you are back to work. I know it's not ideal, but divorce does take time and while most people going through divorce want to run like they are fleeing a burning building, usually rushing under such distressing circumstance as a failing marriage is a mistake. Take your time, get the right legal representation, preserve your rights, make sure the kids are taken care of properly and so on.
    They have been separated for 10 years. I'd say they have taken their time.
  • Feb 16, 2010, 01:21 PM
    dontknownuthin

    Good point, cozyk... thank you... I missed that date.
  • Feb 16, 2010, 01:24 PM
    JudyKayTee

    I don't know where the OP is - that's why I asked.

    Paralegals CAN represent divorcing parties in Canada. In fact, one of the people who posts here is a Paralegal in private practice.
  • Feb 16, 2010, 06:26 PM
    dontknownuthin

    Thanks Judy... good to know.
  • Feb 16, 2010, 06:59 PM
    Fr_Chuck

    Many US states have paralegals who merely fill out paper work. They do not work under an attorney but also can not give any legal advice what so ever.

    In fact if you and the ex agree on all points of the divorce, you can download the divorce paper work off many web sites and sign them, and file them.

    If there are no children, no custody or child support issue, if there is no alimony and no property divistion, they are fairly easy.

    So yes, if you both agree to all terms, even with an attorney you can get just the paper work for a few hundred in some places,
  • Feb 17, 2010, 07:38 AM
    JudyKayTee

    I have been advised that in my State (NY) Paralegals are preparing and filing bankruptcy petitions on behalf of people without supervision by an Attorney - apparently the people who file sign some sort of waiver. Sounds like a dangerous practice to me.
  • Feb 17, 2010, 09:01 AM
    dontknownuthin

    In the U.S. there are several professional associations for paralegals and I am a member of several of them. The core ethical boundary of our profession, as is stated unequivocally by all of these associations and paralegal education programs, is that we do not practice law, meaning, we do not serve clients on legal matters without supervision of an attorney and we do not give legal advice. The only legal advice we give is, "you need an attorney". The American Bar Association is also very clear that paralegals may not practice law.

    My concern about hiring a paralegal instead of a lawyer is that not only does the client lack the authorized, qualified counsel they need, they are also getting inadequate counsel from someone who is violating the most basic ethical boundary of their own profession.

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