Can You Divorce Without an Attorney?

The Divorce Process

Divorcing spouses in Texas must meet certain requirements before they can begin the divorce process. First, there are residency stipulations that require one party to have lived in the state for at least six months prior to filing, and to have lived within the county they are filing for at least ninety days.

After meeting residency requirements, you must decide the type of divorce that is right for your case. Most divorces in Texas are no-fault divorces, as it removes the requirement to prove that one spouse caused the breakup of the marriage, on grounds of adultery or cruelty. A no-fault divorce is based on insupportability grounds, meaning that there is no reasonable expectation of reconciliation in the marriage.

If both spouses agree on all matters, such as the division of property, child custody, and spousal support, you may pursue an uncontested divorce without a lawyer. However, most divorces are contested and will require the help of an experienced attorney.

You or your spouse must then file a divorce petition with the county or district clerk outlining the terms of the divorce and pay the filing fees. Once the divorce process begins, you will enter negotiations to resolve marital issues, which are usually done with the help of an attorney and a third-party mediator.

Contested Divorces

Most divorces in Texas are contested. A contested divorce is when the spouses cannot agree on the terms of the divorce and must negotiate to come to an amicable agreement. Spouses may disagree on important divorce matters, such as child custody, spousal support, division of property, and other major issues.An uncontested divorce is when both spouses agree on all important issues and file for divorce amicably.

Marriage often results in both parties’ lives becoming intertwined. When you decide to divorce, it is rare to have your spouse agree with all the important issues. You may disagree on a visitation schedule, who lives in the marital home, where the minor children will attend school, or who gets to keep the shared car.

In most cases, these issues can be resolved through effective negotiation and mediation. However, it can be quite difficult to resolve issues without the help of an experienced family law attorney. Your attorney will advocate on your behalf to protect your interests and help you understand your entitlements.

What Divorce Without a Lawyer Looks Like

Divorcing without an attorney can seem like a good option for many couples that want to speed up the process, keep costs down, remain in privacy, and end the marriage amicably. However, if you decide to go through a divorce without a lawyer, it is important that you understand the risks and challenges.

Emotional Stress

Going through a divorce without a lawyer can cause significant emotional stress for both parties involved. Without an attorney to provide guidance and clarity on legal matters, the process can become quite overwhelming. Compounding this are the emotions involved in the relationship and toward the children involved. If you cannot negotiate the terms of the divorce decree with your spouse, it may cause you considerable emotional stress.

Lack of Legal Knowledge

The major benefit of hiring an attorney is that they take over the process on your behalf. This means they advise you on the laws and procedures of divorce, handle the paperwork on your behalf, ensure everything is submitted on time, and advise you on your entitlements. Without an attorney, you must come to grips with all of this information alone.

Because the process is so complex, it may take some time to understand everything, which can actually delay the process. If you make any mistakes in the divorce petition, paperwork, or filing, the process can be delayed even further.

Unbalanced Final Decree of Divorce

If you go through a divorce without an attorney and act as your own representative, you may lose out in the final divorce decree. Without a complete understanding of your rights and entitlements, it is possible to lose out on assets, property, and support payments. If you are not a strong negotiator, you may be more willing to accept your spouse’s proposals rather than put up a fight.

A divorce decree will affect you for the rest of your life. You may modify child custody agreements in the future under specific circumstances, however, it is extremely difficult and often impossible to change other divorce orders, such as property division orders. It is vital that you secure a favorable divorce decree and do not compromise on your entitlements.

Can You Divorce Without an Attorney?

Although it is possible to divorce without a lawyer in Texas, it is not a good option in most cases. If you were in a brief marriage with few marital assets and no minor children, and you agree on all issues, an uncontested divorce without an attorney could be an option for you.

However, it is important to know that even uncontested divorces without attorneys require a lot of paperwork. Making mistakes with paperwork and court hearings could be costly and time-consuming. If you are trying to save money on legal fees by divorcing without an attorney, you should consider these risks.

Also, many unexpected issues may arise during the divorce process. Often, spouses believe they agree on everything when they begin the divorce. However, they then learn during the process that they actually want to keep more property than originally stated or would prefer primary custody of the children.

In these situations, it is extremely helpful to have an attorney, as they will advise you on your rights and duties. A divorce attorney can help ensure that you get what you are owed and act as your advocate throughout the process. Rather than creating tension during a divorce, an attorney can help you negotiate a fair divorce decree that protects your best interests.