Should Divorce be Outlawed?
With an increasing number of unhappy married couples now experiencing financial difficulties due to the ongoing economic recession, many are unable to afford a family law attorney to assist them when filing for divorce. The result of being unrepresented by legal counsel means that many couples, who are handling their divorce cases pro se, are often terminating their marriage without being fully aware of their legal rights and options regarding the division of assets and parenting time.
When someone in the U.S. is accused of a crime and they cannot afford an attorney, a lawyer is appointed to them at no cost. When an arrest is made, the individual is given a warning by the police and informed of their rights before they are interrogated.
The Miranda warning reads as follows:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak with an attorney, and have an attorney present during questioning. And, if you cannot afford a lawyer, one will be provided to you at government expense.
If divorce in the U.S. was suddenly declared illegal and unhappy spouses were arrested when they attempted to file for the dissolution of marriage, they would become criminal suspects, and a family law attorney would be provided for them at no cost to them. The result of this would be that marital assets would likely be divided in a more thoughtful manner, and a viable, and perhaps more thorough, parenting plan would be crafted that would take into account the best interests of the children, and all concerned.