Towards Accessible Pro Se Divorce for Domestic Violence Survivors in Pennsylvania

In situations of domestic violence, divorce offers legal freedom from an abusive spouse. But too often, access to divorce cuts along class lines. While the affluent have access to attorneys to navigate the complex procedural requirements in Pennsylvania’s divorce code, low-income litigants have no such luxury. Many pro se divorce litigants simply stay married, while their wealthier counterparts obtain divorces and move on with their lives. Other scholars have argued for a civil Gideon solution to this access to justice problem. This Comment instead looks to statutory procedural simplification to increase access to divorce in Pennsylvania in order to maximize safety and autonomy for pro se domestic violence survivors fleeing abusive marriages.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-12-03
DOI
https://doi.org/10.58112/uplr.173-1.4
Primary Topic
Family Dynamics and Relationships
Type
article
Field-Weighted Citation Impact
0.00
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article

Towards Accessible Pro Se Divorce for Domestic Violence Survivors in Pennsylvania

eYLS (Yale Law School)
Family Dynamics and Relationships
article

Towards Accessible Pro Se Divorce for Domestic Violence Survivors in Pennsylvania

article en

Abstract

In situations of domestic violence, divorce offers legal freedom from an abusive spouse. But too often, access to divorce cuts along class lines. While the affluent have access to attorneys to navigate the complex procedural requirements in Pennsylvania’s divorce code, low-income litigants have no such luxury. Many pro se divorce litigants simply stay married, while their wealthier counterparts obtain divorces and move on with their lives. Other scholars have argued for a civil Gideon solution to this access to justice problem. This Comment instead looks to statutory procedural simplification to increase access to divorce in Pennsylvania in order to maximize safety and autonomy for pro se domestic violence survivors fleeing abusive marriages.

eYLS (Yale Law School)
Gender equality
Openalex Percentile: Top 28%
Family Dynamics and Relationships
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Towards Accessible Pro Se Divorce for Domestic Violence Survivors in Pennsylvania · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS