Legal Question in Family Law in Georgia
Legal Documents
I was told this morning that it is illegal for someone to file for a divorce (uncontested) without the assistance of an attorney. I need to find out if it is Legal to sell uncontested divorce documents in the State of Georgia for someone to be a Pro-Se Litigant. There is a company that provides just such documents that are a lot cheaper than an attorney and I need to know if I am able to go this route or not. I appreciate the time for this question.
Mary
3 Answers from Attorneys
Re: Legal Documents
Do NOT use "divorce kits" that you see in stores and online. The ones I have seen are garbage (and incomplete).
I strongly suggest that you use a lawyer. Fees for uncontested divorces with lawyers can be, depending on the county, as low as $99, snd that way it's done right.
Is it illegal to sell the kits? In some states the sellers have been pursued by the state (I do not know if it has happened here). The state does prosecute paralegals however.
Glen Ashman - 404-768-3509
Re: Legal Documents
I would strongly advise against using the document service. They are very often inaccurate and/or incomplete. That said, it is not illegal to file for divorce pro-se; what might be illegal (and often is) is document companies practicing law without a license. Whether your document company is practicing law is a question of fact. In addition, you can probably find an attorney to do an uncontested divorce for pretty cheap. If you would like to discuss any issues further, please feel free to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Legal Documents
Someone not licensed to practice law cannot give legal advice. You can represent yourself. However, I cannot tell you how many times I have sat in court and listened to Judges tell pro se parties who have relied on purchased forms they cannot get a divorce because their paperwork is incorrect. Basically, you get what you pay for and you take a risk the forms may not be correct.
Tahira Piraino