Sometimes a marriage lasts longer than it should because one spouse is worried about the cost of filing for divorce. That worry is natural, especially when children are involved, but it can also quietly become a roadblock to reclaiming your independence. The good news is, we’re here to help. If you've reached this page, you are likely concerned about potential attorney fees and may be wondering, can you get divorced without a lawyer in Texas?
The short answer is that Texas allows you to represent yourself in a divorce. This is known as going "pro se," and it can work well for some couples and create problems for others. Knowing which situation you and your spouse are in is critical.
To help you determine that, this blog will explore some of the basics of filing for divorce pro se in Texas. We'll cover topics such as:
- Can you legally represent yourself in a Texas divorce?
- When should you file your own divorce and when should you hire a lawyer?
- What are the basic steps of a do-it-yourself divorce in Texas?
- How can a lawyer simplify the divorce process?
Can you legally represent yourself in a Texas divorce?
You have the right to represent yourself in any Texas court proceeding, including a divorce. A person who does this is called a pro se litigant, which means appearing on your own behalf without a lawyer. Taking on this role is a big responsibility, as the same rules and deadlines that apply to an attorney will apply to you. This includes the Texas Family Code, the Texas Rules of Civil Procedure, and your county's local rules, all of which the court will expect you to follow.
If you choose to represent yourself, it also helps to know what kind of assistance you can expect at the courthouse. Court clerks and their staff can give you forms, tell you where and how to file, explain filing fees, and answer general questions about court procedures. What they cannot do is give you legal advice. That means they are not allowed to tell you which form fits your specific situation, how to fill it out, what to write in your petition or decree, or how a judge is likely to rule. The responsibility for getting your paperwork filed correctly will rest solely with you.
When should you file your own divorce and when should you hire a lawyer?
A do-it-yourself divorce works best when your case is uncontested, meaning you and your spouse agree on everything, including how to divide property and debt and how to handle any issues involving children. The simplest situations involve no minor children and no real estate. In fact, the Supreme Court of Texas has approved a set of divorce forms designed specifically for uncontested divorces that do not involve children or real property. The more you and your spouse agree, the more realistic the pro se path becomes.
If your case is contested, however, meaning you and your spouse don’t agree on one or more terms, such as conservatorship for your minor children, it becomes increasingly more difficult to represent yourself. Additionally, if your spouse chooses to hire an attorney, that representation’s experience will outweigh yours and can create complications for you. In either situation, you may consider at least initially consulting with an attorney to learn more about the process and their fees before braving this time-consuming, emotional endeavor on your own.
What are the basic steps of a do-it-yourself divorce in Texas?
An uncontested divorce typically follows the same path, either with representation or pro se.
- You file an Original Petition for Divorce with the district clerk and pay the filing fee, or ask the court to waive the fee by filing a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145.
- You then formally serve your spouse with the papers through a process server or constable, or your spouse signs a waiver of service. If you serve your spouse, they then have a specified amount of time to acknowledge the petition and file an official answer.
- Next, under Texas Family Code section 6.702, there is a required waiting period of at least 60 days from the date you filed before a judge can finalize the divorce.
- Once the waiting period passes and your paperwork is complete, you attend a short final hearing, called a prove-up, where you confirm the terms under oath.
If your divorce is contested, the case will likely not be as straightforward. Contested divorces typically demand more time and energy, and potentially require mediation, expert witnesses, court hearings, and additional professional help, such as a custody evaluator, who may charge a fee. When minor children are involved, if there is significant or complex property to negotiate, or when there is any history of family violence or concern for your safety, having an attorney lead the way can protect your rights, finances, and peace of mind.
How can a lawyer simplify the divorce process?
If you are not sure which category your divorce falls into, contested or uncontested, that uncertainty alone is a good reason to consult a professional family law attorney. Beyond that, being sure you can file your divorce papers properly will give you the best chance at a clean break without surprise claims and complications years down the road. The team at Ballard & Fleetwood, PLLC, can help you understand whether your situation is one you can handle on your own or one where having an advocate will protect what matters most. We hope to hear from you.
References
- Divorce (General Information and Pro Se Representation). Texas State Law Library. https://guides.sll.texas.gov/divorce
- Pro Se Divorce Handbook: Representing Yourself. TexasLawHelp.org, Texas Young Lawyers Association. https://texaslawhelp.org/article/pro-se-divorce-handbook-representing-yourself
- What Court Staff Can and Cannot Do. TexasLawHelp.org, Texas Legal Services Center. https://texaslawhelp.org/article/what-court-staff-can-and-cannot-do
- Legal Information vs. Legal Advice: Guidelines for Texas Court Clerks and Personnel. Texas Office of Court Administration, txcourts.gov. https://www.txcourts.gov/media/1220087/legalinformationvslegaladviceguidelines.pdf
- Commonly Requested Legal Forms: Divorce (Supreme Court of Texas approved forms). Texas State Law Library. https://guides.sll.texas.gov/legal-forms/divorce
- Texas Rule of Civil Procedure 145, Payment of Costs Not Required. Texas Courts, txcourts.gov. https://www.stcl.edu/lib/TexasRulesProject/TRCP125-149/rule1452016.html
- Texas Family Code section 6.702, Waiting Period. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
Disclaimer: This page, "Can You Get Divorced Without a Lawyer in Texas?" and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.