Panel Drafts Forms for Do-It-Yourself Divorce

February 2, 2012 5:40 am by: Erika Aguilar

Filing taxes has become at do-it-yourself task. Some think perhaps divorce filings will evolve the same way. Photo courtesy of flickr.com/photos/sharynmorrow

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Editor’s note: An earlier version of this report incorrectly identified Tom Vick as a former member of the State Bar of Texas. He is a former member of the State Bar’s board of directors. Additionally, the State Board’s task force examining divorce forms will meet February 10, not February 3 as originally reported. 

People have chosen to represent themselves in Texas divorce cases for years, but often use documents that aren’t accepted by some courts. The introduction of a standardized divorce form could streamline the process. However, there’s resistance to this proposed do-it-yourself approach.

Family lawyers are concerned that standardized divorce forms will be misused.  Tom Vick, a former member of the board of directors of the State Bar of Texas, said getting a divorce is not like installing a new backsplash to your kitchen.

“When people think they are going to go represent themselves, they save a few hundred dollars and it ends up costing them a few thousand dollars to get the problem fixed later on,” Vick said.

An advisory panel to the Texas Supreme Court is reviewing drafts for the forms, which would be used in uncontested divorce cases that don’t involve children or a lot of property. Among those to propose the idea was the Texas Access to Justice Commission, an organization that tries to improve access to civil justice for low-income Texans. Executive Director Patricia McAllister said a lot of people want a divorce but can’t afford a lawyer.

“Historically, legal aid has really only ever been able to serve, you know, 20 percent of the people who apply for services,” McAllister said. “So that’s 80 percent of the people who don’t potentially don’t get help.”

McAllister said a standardized divorce form like the one proposed by the TAJC two years ago could help unclog a congested court system. People who try to do it themselves often end up trying three or four times before finally getting it right, she said.

The State Bar of Texas has asked the Texas Supreme Court to stop the task force from drafting these divorce forms. Last week, the court denied that request. The State Bar then formed its own task force to come up with alternatives. Its first meeting is Friday, February 10.

The problem isn’t a lack of forms, according to the Texas State Bar; it’s a lack of legal advice. Companies that provide forms like LegalZoom are now offering such legal advice.

“I would hope that that’s something – and I believe that it’s going to be in the future – where someone is going to be able to have that additional level of advice, where they can speak to a divorce lawyer in their state for a very nominal fee to help the system with their legal documents,” said Chas Rampenthal, general counsel for LegalZoom.

Rampenthal pointed to how filing taxes has become at do-it-yourself task. Perhaps divorce filings will evolve the same way, he said.

An April 13 meeting with the state advisory board will decide what happens next with the issue of standardized divorce forms. The State Bar of Texas will present its alternative solutions at the same meeting.