Thursday, February 18, 2010

What does "In Pro Per" mean?

The law often uses archaic terms with which most people are not familiar in divorce proceedings. One of the most common terms, In Pro Per, appears on most court filings in divorce cases in San Diego. In Pro Per, or more specifically In Propria Persona, appears after the heading “Attorney For:” and literally means “for one’s self.” In Pro Per is used in California when a person acts as his/her own attorney in a legal dispute.

Filing In Pro Per does not mean you are limited in any of your legal rights, only that you are representing yourself in the proceeding. Many people choose to file In Pro Per for a variety of reasons, chief among these is cost.

Monday, February 8, 2010

IN DIVORCE MEDIATION YOU CAN AGREE TO DIFFERENT THINGS THAN A COURT CAN ORDER

When couples are getting divorced and rely on the judge to make decisions for them, the outcomes are more limited than when they reach their own agreements in mediation.

Lately, NCRC has had a number of divorcing clients who don’t want to sell their houses due to the current market conditions. In mediation, they can agree to continue to co-own it, but change the title from Joint Tenants to Tenants in Common. Then when they are ready later, they can sell it. In court, if the parties don't agree on what to do about the house, the court is likely to order that it be sold.

The point to take from this:

Mediation offers more flexibility with outcomes than a court can.