If you can't afford a divorce attorney, appoint yourself
by Paul A. Romer
September 12, 2009
BELTON - Filing for divorce in Bell County generally requires at least one tutoring session for those who want to go through the process without an attorney. In some cases people seeking a divorce save money by filing court required paperwork on their own, but doing so affects the court system because people with inexperience typically slow the process down for everybody.
Up until a few years ago, even before court hearings were scheduled, pro se divorce filers in Bell County were affecting business at the Justice Center by continuously asking questions from clerks, who are forbidden by law to offer legal advice. Attorneys working in the county experienced delays filing paperwork with the district clerk and conducting business in court. Judges became frustrated with the volume of pro se filers, whom they could not help.
And the filers themselves were frustrated when they would show up to court but could not proceed and nobody could answer their questions. Two years ago, at the recommendation of 146th District Judge Rick Morris and District Clerk Sheila Norman, county commissioners agreed to contract with Lone Star Legal Aid to help shepherd pro se filers through the process.
“It helps them with paperwork and prevents the system from being clogged up with legally insufficient paperwork,” said County Judge Jon Burrows.
The county just renewed the contract with Lone Star and agreed to pay $28,000 for a year of the service. Norman said it has directly benefited her office, which she said in the past would spend up to 45 minutes assisting a single pro se filer. Now the service has become part of the process for up to 41 percent of the people filing for divorce in the county - that's how many have filed their own paperwork this year.
When divorcees are representing themselves, they are given packets of information to explain the process. “If they take the time to read the manual, they actually have the potential to complete all the steps by the first time they meet with us,” Christina Gindratt, staff attorney at Lone Star, said. Gindratt said her office serves as a legal adviser but does none of the work, which is reserved for the applicant. “The goal of the program is to assist the court with making certain that cases flow smoothly,” Gindratt said. “They usually have relatively minor, technical errors and the judge cannot assist them.”
Once a pro se filer has completed the necessary paperwork, it is reviewed by Lone Star, which has a presence each Tuesday at the Justice Center. “It's very unique,” Gindratt said about the way Bell County uses her company's services. “I don't know of any other counties that are doing it. It's basically one-on-one with an attorney.” The filer pays nothing for the service.
Norman said it is worth the price because it allows the district clerk's office and the courts to be more efficient.
Gindratt said it also helps divorcees avoid frustration with the process. Lone Star is only able to provide assistance where there are no attorneys involved on either side of a divorce. Gindratt said her office has assisted about 600 pro se filers in the county this year. “Our goal is to help people know what to expect when they walk into courtroom and have in-hand an enforceable decree,” she said. “But it's the litigants job to do all the work.”
