The Texas Supreme Court is contemplating a move that would allow cash-strapped couple to obtain a divorce without having to hire a divorce attorney.
The court sees a growing trend of people representing themselves during divorce proceedings. Though there are not any statistics, Texas courts say that the majority of people seeking dissolution represent themselves. People seeking divorce can expect to pay close to a hundred dollars an hour for representation.
Thirty-six states already offer self-help forms for divorcing couples. But divorce lawyers are fighting the move in Texas. State Bar Association President told the Wall Street Journal, “The client and the system are far better served by having a lawyer.”
The State Bar is also asking the court to suspend the initiative siting that there isn’t sufficient data to show the need of a do-it-yourself divorce form.
Judge Judy Parker said that self-represented plaintiffs need more “hand-holding” and a simple form could prevent the court from getting backlogged.
Texas divorce attorneys also feel that people of means would use the forms since the court clerks cannot ask if the people filling out the petition if they are poor.
While the forms may be useful to couples who don’t have the means to pay for a divorce lawyer, wealthy couples can benefit from the representation of an attorney since they generally have more assets and property to divide and they will be granted a better settlement.