No-Cost Divorce Clinics: The Pros and Cons

Many people erroneously believe that because the Sixth Amendment to the United States Constitution guarantees the right to an attorney in a criminal proceeding, that same privilege is afforded in any kind of legal proceeding. People facing a divorce action or any other civil suit are not protected by the Sixth Amendment. Even low-income people do not have a right to a taxpayer-funded attorney for their divorce proceedings.

In the context of divorce, other than the private charity of lawyers who are willing to work pro bono, the only option for no-cost legal services is a free clinic, which many communities are beginning to have. These clinics, founded by volunteer attorneys who may donate a few hours a week or more, provide divorce services in the form of assistance in filling out paperwork and the like.

Some, such as one recently founded in Florence, South Carolina, are offered only sporadically. Others limit the scope of the divorces they will handle. The South Carolina clinic, for example, does not assist with property division and does not help couples who have minor children.

For the vast majority of couples, restrictions such as the above would preclude them from using the clinic. The clear majority of couples have children, and almost all couples have at least some property to divide. In sum, although these volunteer clinics are a good start and a noble effort, they do not meet the needs of the burgeoning population who requires them.