By John Minnis
Legal News
Some people are too poor to get a divorce.
They have no money in the bank to pay a lawyer and no assets to borrow against.
Such couples either stay together in unhappy marriages; separate, unable to remarry; or try do-it-yourself divorces as pro se litigants.
No matter which path they take, it is bad for them, bad for society and bad for the courts.
A pilot project approved by the Michigan Supreme Court last month will attempt to address these individuals—provided they are amicable, have no income or assets and have no history of domestic violence.
Pilot Project No. 1, Family Division Informal Docket for Low Conflict Domestic Relations Cases, approved by the court July 13, is the brainchild of 29th Circuit Judge Michelle M. Rick, her staff, court clerk and the Clinton/Gratiot County Friend of the Court.
The project serving Clinton and Gratiot counties was developed in response to a request for proposals from the State Court Administrator’s Office.
“We were interested in the informal docket program,” Rick said. “In the 29th Circuit, we were seeing an increase in the number unrepresented litigants in divorce filings.”
Under the program, pro se litigants and witnesses will meet in open court on the record. Witnesses may be sworn in en masse and sit in the jury box in order to effect a more informal setting.
After the complaint has been answered, the court will refer pro se parties to the Friend of the Court Office for a settlement conference and the subsequent preparation of a recommended order for custody, parenting time and child support.
During the conference, the FOC will provide information about the pilot project and verify that the case meets all the selection criteria. Eligible parties who agree to participate must sign a consent form.
If both parties agree, a conference-style hearing will be scheduled with the judge within 30 days. All hearings will be held on the record in open court.
By setting the initial conference early in the process, Rick said, the judge can explain the process and answer litigants’ questions.
Typically, pro se litigants seek advice from court clerks and others who cannot help them.
“We’re hoping that if we can help them on the front end,” Rick said, “we can relieve their anxiety.”
In the prolonged down economy, clerks throughout the state are seeing increasing numbers of pro se divorce litigants.
In 2008, 28 percent of filings in the 29th Circuit were unrepresented. In 2009, 38 percent of filers were pro se.
“That’s what I’m hearing anecdotally from judges and clerks throughout the state,” Rick said.
To qualify for the program, pro se parties with children must have no income, no real estate, no assets and no allegations of domestic violence or abuse.
The three-year program is to begin Sept. 1.
Rick said there has been some concern that the court is taking work from lawyers.
She assures attorneys that that is not the case.
“We aren’t looking to put lawyers out of business. Not at all,” she said.
Divorce is very complex, she said, and in a perfect world, everyone would have a lawyer.
“What we all wish happened,” Rick said, “is that everyone hired an attorney. But that is not reality.”
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