The image of divorce often is that it's going to be a long, drawn out battle that costs a lot of money and causes a lot of pain. That doesn't have to be the case. In Pennsylvania, and every other state in the union, no-fault, uncontested divorce, is available. That's a good thing. But that doesn't mean every step toward simplicity is necessarily a good one.

Tennessee has just announced some new rules that might well give some folks pause. The state's Supreme Court says that starting September 1, some couples will be able to file for a divorce without a lawyer. Instead, they'll be able to file court-approved "plain-language" forms to get the job done. This apparently will apply only in very limited cases in which there are no minor children or pension plans involved. In most cases, though, lawyers will be required.

The action follows a recommendation from a specially appointed Access to Justice Commission, which said that such a change will improve access to justice, especially to people with lower incomes.

Now, uncontested divorce is certainly an appropriate option in a broad array of cases. And they don't have to be difficult or expensive. In Pennsylvania, cases where it might be a good idea to consider filing a no-fault divorce could include instances when there are no children involved, couples haven't accumulated a lot of assets, or when couples want more direct control of the outcome, because going to court can mean settling for whatever a judge decides.

But undertaking to file for and get an uncontested divorce still requires working through the Pennsylvania legal system. Pennsylvania has 67 counties and each one has its own local rules.  Because of this, forms and "kits" available on the web and from other sources seldom work.  Moreover, the clerks at the courthouses are not permitted to give advice as to how to make such forms work or how to proceed.  Such DYI kits are seldom produced by lawyers but rather by lay people who not only do not reside in Pennsylvania but who know little about the law and nothing about your county's local rules of court.  Finally, the charge made for such kits is not total or complete because it does not include the court filing costs and, of course, there is no guarantee and no refund if the users end up without a divorce.  On the other hand, if an attorney's service states that its charge is total or complete, the law requires that both fees and court cost be included in the advertised dollar amount.  And the Pennsylvania Supreme Court oversees the performance of all lawyers and even maintains a fund designed to compensate financially wronged clients.  Here's the last straw:  There is at least one law firm whose total charge is less than all such kits.  Why attempt to do it yourself when you can have an attorney for less?                                   Source: The Commercial Appeal, "Tennessee high court makes divorce easier, cheaper for some," Richard Locker, 27 Jul 2011