J Lo Filed Her Divorce Petition Without a Lawyer, If Jennifer Lopez Does Not Need a Divorce Lawyer Do You?

Jennifer Lopez is crazy rich. So is Ben Affleck. Obviously, both of them can afford to hire lawyers. And both of them have been married multiple times. So why did she file by herself?

The reason has not been made public, but I’m willing to bet that the reason is she and Ben are working with a mediator. When you use a mediator to obtain a divorce in California your pleadings are generally filed under your own name. But that does not mean you are operating without legal advice.

Traditional litigation lawyers and the parties they represent are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war.

This can be the mindset in divorce as well, but it’s not an ideal approach. An alternative is for the parties to engage an attorney mediator and use the mediator to guide them to an agreement on the issues they face in the divorce.  The parties are apprised of their rights and obligations with respect to the division of property and debt, child custody and child and spousal support (alimony).

The parties and the mediator work in good faith to reach agreements on all issues which satisfy both parties. Then, the mediator prepares the necessary pleadings, agreements and paperwork and files them on behalf of the clients. The clients can act in propria persona which means they are not represented by an attorney in the divorce. They are free to seek counsel from a lawyer other than the mediator during the process. Alternatively, the parties can retain counsel who may participate in the mediation.

The mediation approach is much less expensive and much less emotionally taxing. However, both parties need to be committed to reaching a fair agreement and neither party can have ulterior goals, such as using the divorce process to punish the other spouse. Not all divorce matters are well suited to mediation as described. There are many factors which might the case hard to mediate. Legitimate disputes about child custody, or complex property rights claims are examples of issues that might be problematic. Nevertheless, these issues are still suitable for mediation. But, if one spouse is dishonest about finances or if one spouse refuses to accept the reality of community property then a mediation may not work.

In disputed divorces the parties often agree on some things. The issues upon which they disagree can be addressed in a mediation in which a mediator is hired but each spouse remains represented by trial counsel. In my experience the mediator can often bring to light important points of law. Apply the relevant law to facts and give the parties and their lawyers insight into the likely outcome of a trial.

While this process can be expensive, the cost is much less than that of a trial.  For example, a contested child custody battle is likely to involve expert witness testimony. Complex issues relating to businesses owned by one or both spouses will require forensic accounting experts. The cost of the trial is great. The cost of preparing for the trial is usually greater still.

When one takes into account the costs of expert discovery and trial, it almost always makes sense to attempt mediation. Even if it is unsuccessful the mediation will provide the parties and their counsel insight on the strengths and weaknesses of their case.

Galen Gentry assists clients in Los Angeles and Southern California with issues relating to divorce and is an experienced divorce mediator.  Mr. Gentry has 30 years of experience and can help people protect their families and their interests.

Call us to schedule a free consultation at 310 282 7521 or contact us here.