| If there were no legal system, no lawyers
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| | your own.
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| and no courts, divorce would still be
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| difficult and it would still take time to
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| | If you retain a lawyer, he will
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| go through it. Divorce is at least a
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| | definitely take your case into the
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| major crossroad in your life, maybe even
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| | contested cycle of the legal system
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| a full-blown life crisis.
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| | because that's the only thing he can do.
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|
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| | He has to. There are no other formal
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| So, here you are, you and your spouse,
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| | tools a lawyer can use.
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| going through your personal life changes,
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| when the State comes along and says,
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| | The primary tools the lawyer uses are
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| "Excuse me! You can't go through this
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| | pre-trial motions and discovery. An
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| without us. Your divorce has to be
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| | attorney can take you and your spouse
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| conducted on our field and under our
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| | into court to get temporary orders for
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| rules . . . and you can't even hope to
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| | support, custody, visitation or keeping
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| understand our rules. Oh, by the way,
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| | the peace. An attorney can use formal
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| this divorce system we're going to put
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| | discovery to get documents and
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| you through has no tools for helping you
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| | information under oath.
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| solve problems or negotiate with your
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| |
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| spouse. In fact, our system is based on
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| | So, if you and your spouse can work out
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| conflict and it is specially designed to
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| | your own temporary arrangements and share
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| cause trouble and greatly increase your
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| | all information openly, you'll have no
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| expense. Please pay your filing fees on
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| | need for those incredibly expensive legal
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| the way in."
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| | tools. You can keep your case out of
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|
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| | lawyers' offices and out of court.
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| Our system of justice is known as an
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| |
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| "adversary system." This is the nature of
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| | But, if either spouse retains an
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| the beast. It began hundreds of years ago
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| | attorney, that attorney will invariably
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| in the middle ages with "trial by
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| | write formal letters, file legal papers,
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| combat," where people with a disagreement
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| | make motions, and do discovery. These
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| would fight it out and whoever survived
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| | actions will surely cause the other
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| was "right." Today, physical contact is
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| | spouse to get an attorney, too. Now,
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| no longer a recognized legal technique,
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| | instead of two people who don't
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| but things are still set up as a fight.
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| | communicate well, you have four people
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| The parties are regarded as adversaries,
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| | who do not communicate well. The case is
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| enemies in combat. When a divorce is
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| | now contested and the cost and conflict
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| conducted in our legal system, the
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| | level will go way up. Attorneys tend to
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| spouses and their attorneys are expected
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| | ask for more than they expect to get;
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| to struggle against one another and try
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| | it's considered "good" practice. Your
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| to "win" the case, to "beat" the
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| | spouse's lawyer will oppose your lawyer's
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| opposition.
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| | exaggerated demands by offering less than
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|
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| | they are willing to give and by attacking
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| The rules control the way your attorney
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| | you and your case at the weakest points.
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| works with you. Your attorney is required
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| to be "adversarial," that is, aggressive
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| | Now you're off to a good, hot start and
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| and combative. The adversary system and
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| | soon you'll have a hotly contested case,
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| the way lawyers work in it is a major
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| | lots of cost, and a couple of very upset
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| cause of conflict, trouble and the high
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| | spouses. Fees in contested cases can run
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| cost of divorce. You want to have as
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| | from tens of thousands of dollars each
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| little as possible to do with the legal
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| | all the way up to everything.
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| system. It is designed to work against
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| you.
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| | Summary: Except in high-conflict cases,
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|
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| | the legal system has little to offer. The
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| In spite of the way things seem, lawyers
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| | things an attorney can do for you are
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| are not always villains and not always to
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| | expensive, upsetting, and tend to
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| blame for stirring up conflict. But even
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| | increase conflict rather than reduce it.
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| for lawyers who mean well, the tools they
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| use and the system they work in will
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| | If you don't want to (or have to) use
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| usually increase conflict. Law schools do
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| | the legal system, go around it--work out
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| not require courses in communication or
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| | your arrangements outside the legal
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| negotiation. Rather, they stress
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| | system and, if necessary, get limited
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| manipulation of rules of law, aggressive
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| | assistance, in the form of information
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| and defensive strategy, how to take any
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| | and advice, from attorneys who do not
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| side of any case and make the most of it,
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| | represent the spouses.
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| how to argue, and how to get the most
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| financial advantage in every situation.
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| | Take heart; I tell you exactly how to do
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|
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| | this in my articles, Divorce Roadmap: The
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| Professional standards of practice
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| | Route Around the Legal System and
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| dictate how a lawyer will conduct your
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| | Divorce--How You Can Beat the System.
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| case. For example, professional ethics
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| |
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| forbid your lawyer to communicate
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| | Copyright 2005 Ed ShermanEd Sherman is a
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| directly with your spouse--the adversary.
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| | family law attorney, divorce expert, and
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| It is expected, instead, that your spouse
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| | founder of Nolo Press. He started the
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| will be represented by an attorney and
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| | self-help law movement in 1971 when he
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| your lawyer can only communicate through
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| | published the first edition of How to Do
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| your spouse's lawyer.
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| | Your Own Divorce, and founded the
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|
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| | paralegal industry in 1973. With more
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| This means that your attorney can't
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| | than a million books sold, Ed has saved
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| "talk sense" to your spouse, or explain
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| | the public billions of dollars in legal
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| to your spouse how you see things, or
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| | fees while making divorce go more
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| even help you talk to each other. It
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| | smoothly and easily for millions of
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| means your attorney will always have a
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| | readers. You can order his books from or
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| one-sided view of your case and can never
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| | by calling (800) 464-5502.
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| achieve an understanding any greater than
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|
