The emotional, relational and spiritual costs of divorce are so high and, if divorce must occur, such costs can be mitigated by keeping the process respectful. Unfortunately, lawyers occasionally add to the level of conflict, raising those costs, and also the financial cost of divorce or legal separation needlessly. There is an alternative to obtaining counsel to represent the parties when the husband and the wife are able to agree on the terms of a divorce and want the process to remain amicable. Besides having no legal assistance at all which can prove challenging to know all the rules, either or both of the parties can retain a scrivener.
A scrivener does not represent either party (as opposed to the very risky joint of representing of both parties). A scrivener acts as an educated scribe who knows how to put the agreements of the parties into the proper format and wording so as to accomplish what BOTH parties have agreed upon. The scrivener denotes they prepared all the documents, however they do not appear in court or move the matter forward.
This cost saving approach works only when the two parties are able on their own or with the benefit of wise counsel to agree on all issues. If the parties fall out of that agreement, then the scrivener cannot then represent either party, so there is some risk of having to start over with a new lawyer.