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Texas Access To Justice Commission Update

Supreme Court Approves Divorce Forms for Self-Represented Litigants
By:  Jocelyn Fowler

In a landmark decision on November 13, 2012, the Texas Supreme Court issued an Order approving Divorce Set One, a set of uniform forms for pro se litigants seeking a divorce involving no children and no real property. These forms play a vital role in providing access to the courts for people who are unable to get a lawyer through legal aid and cannot otherwise afford representation. States with standardized forms report that they increase judicial efficiency and economy, creating a win-win for the courts and the growing number of poor without meaningful access to the judicial system.

Although the Court is not requiring use of these forms, trial courts cannot refuse to accept them simply because they are forms or because the person is not represented by counsel. However, trial courts may refuse to accept the forms if they are not properly completed.

The court is accepting public comment on Divorce Set One until February 1, 2013. While the forms may be modified in response to such comments, they were effective and available for use on November 13, 2012. The newly approved forms can be found at the following link: http://texaslawhelp.org/issues/family-law-and-domestic-violence/texas-supreme-court-approved-divorce-forms-uncontested-no-minor-children-no-real-property.