Do-it-yourself on-line Divorce Kits - Buyer Beware!
There is a reason the State Bar of Texas polices the unauthorized practice of law (UPL), and that is to protect the consumer. As a family law practitioner, I am aware that there are numerous internet sites selling divorce packages to consumers. In some instances these do-it-yourself forms may meet the needs of the consumer and the approval of the presiding judge. However, be aware that there is no substitute for competent legal advice.
Just this morning in the 311th District Court of Harris County, I personally witnessed a pro se litigant present a final decree of divorce. The source of the litigant’s forms were RapidLaw, an internet site offering divorce, adoption, and bankruptcy services across the U.S.
The family law judges and court staff in Harris County bend over backwards to assist pro se litigants. However, they may not give legal advice to pro se parties. The forms were not prepared to properly dispense with the parties’ 401-K and retirement benefits. Apparently, the documents were insufficient enough to spur the judge urge the litigant to reconsider presentation of the decree as-is. The Judge asked the pro se party where she received the forms. Her response was Rapid Law. The Judge next asked the party if she paid for the forms, and she answered yes. Finally, the Judge directed the bailiff to photocopy the instructions from RapidLaw – presumably to present the information to the State Bar of Texas.
I have no way to know whether the pro se party: incorrectly filled out the forms, failed to follow instructions, or if the service offered by the provider was simply deficient. I do know the end result was not what the party intended, and she must now seek counsel to properly prepare the final decree to finalize her divorce.
Not everyone can afford legal counsel, but that is why there is (1) access to free assistance in the basement of the Harris County Family Law Center, (2) forms available at the Harris County Law Library, (3) pro bono attorneys available through the Houston Volunteer Lawyer’s Program, and (4) legal clinics at the Houston-area law schools. If you received a medical diagnosis requiring surgical intervention, you would not opt to operate on yourself. The same holds true in law.
