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There is help for folks who can't afford to hire a divorce attorney

Q. I need to know how to file, on my own, for a divorce. I have a minor child. I face issues of custody, visitation, support etc. How do I proceed?

A. Folks who cannot afford to hire an attorney for their divorce face many difficulties. Obviously, the court system is designed by and for lawyers; thus navigating on one’s own (pro se) in legal waters is treacherous. Nevertheless, there are a few options to help you reach safe shores.

First, contact Legal Aid (in Douglas County, that’s 785-864-5564) or Kansas Legal Services (again in Douglas County that’s 785-838-3401). Both agencies provide legal services for low-income persons. In some instances, the services are provided for free.
Second, if those agencies cannot assist you, they may be able to refer you to an attorney who will handle your case pro bono (for free) or at reduced rates. Make certain you ask about this if neither agency can assist you.

Third, if you are forced to do things on your own, the Douglas County Law library is a wonderful resource. The law library is located in the Judicial and Law Enforcement Center at 111 East 11th Street, Lawrence. The librarian, who is not an attorney and who cannot give specific legal advice, can, however, be very helpful.

There are several books in the library with basic divorce forms that anyone filing for divorce will find useful. Some of the resources also include nearly step-by-step instructions about filing a divorce petition and taking steps to represent yourself.

Further, the law library has computers that are linked to several legal web sites where additional information and guidance can be obtained. Ordinarily, the sites charge for access, but if using the law library computer, access is free. Further, the librarian can help identify useful sites and form search questions.

Finally, as part of a test program state-wide, some attorneys in Douglas County are offering to help pro se parties in divorce by working on limited parts of their divorce at costs based only on the work necessary to do that limited work. The hope is that parties can generally represent themselves, but get answers to critical legal questions at a fraction of what it usually costs to hire an attorney. The law librarian can provide a list of attorneys who participate in that program.

I hope this was helpful.

David J. Brown, Managing Attorney The Law Offices of David J. Brown, LC 1040 New Hampshire, Suite 14 Lawrence, Kansas 66044 785-842-0777

Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Office of David J. Brown, LC.

September 28, 2009

A Family and Criminal Law Blog