News & Updates

Our courts face a crisis of access. In a majority of family cases—divorce, separation, and custody issues—at least one party is self-represented. With upwards of 80 to 90 percent of cases involving a self-represented party, it is essential that self-represented litigants can navigate the process and know what to expect at key stages. Partnering with experts around the country, IAALS developed Court Compass as a way to engage court users in brainstorming ways to simplify the family court process.

Many courts across the country struggle with overburdened staff and inefficient processes. However,  those within the judiciary are now turning to technology to make their courts more efficient and narrow the equal justice gap. 

Although the idea of equal protection under the law has long been at the heart of the American legal system, equal access to justice is still not a reality for many people. Former American Bar Association President Robert J. Grey Jr. discusses this equal justice gap in a recent piece for the ABA Journal.

Courts are—to a great extent—in the business of customer service. A new IAALS report, Eighteen Ways Courts Should Use Technology to Better Serve Their Customers, provides a path forward to help courts use existing technologies to improve the user experience, particularly for those people who choose to represent themselves.

The family justice system was built on the assumption that litigants would be represented by lawyers, but that assumption no longer holds true. It is no secret among lawyers, court staff, and judges—if not the general population itself—that more and more people are representing themselves through their divorce process, instead of hiring an attorney.

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. After holding successful design sprints in Boston, Des Moines, and Raleigh, the Court Compass team is planning another design sprint in the Denver metro area.

IAALS offers this new report for legal practitioners, service providers, and other access to justice advocates, which details the themes, recommendations, and strategic plans that emerged from our Better Access through Unbundling Conference—with takeaways for every jurisdiction, whether or not they have embraced unbundling to this point.

Since 2015, the amicable app has been helping couples in the United Kingdom facilitate their divorces. “At amicable, we believe that once a couple has made the difficult decision to separate, whatever the reasons, the emphasis should be on separating in the least painful way possible and, if children are involved, putting them first," said app co-founder Kate Daly.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. IAALS is partnering with the North Carolina Judicial Branch and the North Carolina Equal Access to Justice Commission to bring a design sprint workshop to Raleigh on August 11, 2018.

We have never been busier at IAALS, with projects and convenings ramping up across all of our focus areas. To help facilitate this work and expand our impact nationwide, we are pleased to welcome three new staff members to our ranks. Jonna Perlinger joined IAALS in March as a legal assistant, and Michael Houlberg and Jason Zolle joined IAALS in June as managers.

For litigants without the help of an attorney, the American civil justice system can be difficult to understand—let alone navigate. In a recent piece for the ABA Journal, Chancellor Professor of Law Frederic I. Lederer proposed several technological advancements that can help improve access to legal resources and litigant understanding of the process.

Alternative dispute resolution processes, especially in the area of family law, are finally starting to become more common—yet still not common enough. IAALS piloted the Center for Out-of-Court Divorce (COCD) in Denver, and other programs, like the Hampshire Family Resolutions Specialty Court in Massachusetts, are also taking shape across the country.

A recent study revealed that a high percentage of women still leave major financial and investment decisions to their spouse. This trend is becoming a problem for widowed and divorced women, 59 percent of whom wish they had taken a bigger role in financial planning when they were in a couple. Because the divorce rate has doubled for those over 50 in the last few decades, and because women have longer life expectancies than men, the lack of financial planning awareness can hurt older women more as they separate from their spouses.

The National Self-Represented Litigants Project (NSRLP) recently published a paper that looks at costs awards to self-represented litigants (SRLs) in Canadian courts. The paper notes the leading Canadian cases in which SRLs have been ordered costs awards and analyzes the development of these principles in family law matters. Generally, the report concludes that Canadian courts have broadened SRLs’ ability to obtain costs. 

The ABA Center for Innovation launched a new project in April that will provide legal aid organizations with free technology that will hopefully make them more efficient and able to help more clients. The project, called "Legal Tech for a Change,” will allow the Center for Innovation to serve as a broker between legal aid organization grantees and established legal technology companies. The Center will also vet potential technology solutions.

Denmark has been known for allowing quick access to many official documents and services online, including $60 online divorces within a week. But starting next year, Danish couples with kids who want to get a divorce will have to undergo a three-month “reflection period” with free counseling before they can officially divorce. Couples without children and couples where abuse is present can still opt for the faster divorce process.

IAALS’ own Natalie Knowlton was recently interviewed for a Chicago Tribune advice column for self-represented litigants about the problems they face and the tools available that can help increase access to justice for those navigating the legal system without a lawyer.

Changes in recent years to California’s budget, priorities, and policies have resulted in a focus on criminal over civil matters. In the yearly State of the Judiciary address, however, California Supreme Court Chief Justice Tani G. Cantil-Sakauye highlighted some of the ways California is planning to improve access to justice in its courts. Among them: better meeting the needs of self-represented litigants.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. While the project aims to make the process better for all litigants, there is a particular focus on people who go to court without an attorney. The Court Compass project is employing a number of human-centered design tools, including in-person design sprints and other focus groups to test new processes and solutions in real time and refine them based on user feedback. IAALS and the Iowa Judicial Branch are partnering to bring a design sprint workshop to Des Moines later this month.