It's been a big debate, the one
about whether or not a couple should need an attorney to divorce, and it has
especially been so in Texas this year. In theory, it sounds pretty good – if
one could merely fill out a consensual divorce form rather than making a big
to-do about it, it would save both parties a good deal of cash and probably
some emotional suffering, too. That's why the majority – though it might only
be a slight majority, six out of nine – of the Texas Supreme Court justices
approved the motion of legalizing divorce forms.
Those who oppose the motion are
mostly concerned that there will be filing mistakes which could make for some
very problematic legal complications. That, and the fact that there will be
that many fewer legal cases for family lawyers to take on.
However, as the executive director
of the Texas Access to Justice Commission, Trish McAllister points out, pro
bono and legal aid could only fulfill about 20% of the needs for divorce case
assistance over the course of last year. Other states that are ahead of the
game on divorce forms have already seen the benefits, and it is anticipated
that the less financially fortunate population of Texas will notice the
positive difference. Being unable to get a divorce when separated – especially
if other relationships, such as children, are involved – causes issues for both
parties such as with credit and buying property. Hence, many believe the
incorporation of divorce forms will be a positive movement in Texas.
Some family lawyers are for the
idea and some are against it, but regardless, it has passed. This is just one
of many family law changes that has occurred and been discussed in the state
over the past two years. Let it also be a reminder that if you're looking to
hire a family lawyer, like Marshall
Davis Brown of TX
or one of the many other reputable firms, take into
consideration whether they appear to be up-to-date on the ever-changing legal
climate of the state.
Labels: Marshall Davis Brown TX