Access to Legal Remedies: The Crisis in Family Law

B.Y.U. Journal of Public Law, Vol. 8, p. 123, 1993

21 Pages Posted: 15 Apr 2009

See all articles by Jane C. Murphy

Jane C. Murphy

University of Baltimore - School of Law

Date Written: April 14, 2009

Abstract

Lack of access to the courts to resolve domestic disputes is a national problem which deserves the attention of both family law scholars and practitioners. Family law scholars have exhaustively critiqued both the substantive and procedural law governing dissolution proceedings. This analysis of rules and standards, however, is rarely conducted with the explicit goal of maximizing access to the courts for people of low and moderate income. This paper begins by assessing the dimensions of the problem through an explanation of the existing domestic legal needs studies. This paper also presents a case study of a typical multi-issue domestic case to provide a context within which to explore procedural and other innovations aimed at both reducing formal requirements on simple domestic cases and replacing discretionary standards with structured, predictable rules. Procedural reforms identified in the paper include providing alternatives to full adversarial hearings in some domestic proceedings; relaxing barriers to non-attorney advice and representation; identifying the appropriate categories of cases for such procedural innovations; and designing appropriate mechanisms for informed pro se representation, including education programs and wider use of standardized forms.

Keywords: family law, pro se, domestic relations, access to courts

JEL Classification: K39, K40

Suggested Citation

Murphy, Jane C., Access to Legal Remedies: The Crisis in Family Law (April 14, 2009). B.Y.U. Journal of Public Law, Vol. 8, p. 123, 1993, Available at SSRN: https://ssrn.com/abstract=1380422

Jane C. Murphy (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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