The Common Law
Do-It-Yourself Divorce in Texas
By Luke Ellis, Fri., Nov. 27, 2009
Do-It-Yourself Divorce in Texas
Do I need to hire an attorney to get a divorce in Texas? We don't have any kids, and we've generally agreed how to divide up what we own.
There is no law requiring a person to hire a lawyer in order to get a divorce. Someone can file for divorce pro se, which means "for oneself." There are a few steps to completing a divorce, and the State Bar Association provides information on each of these steps in its "Pro Se Divorce Handbook," www.texasbar.com.
To file for divorce in Texas, you need to have lived in the state for six months, including three months in the county in which you file. You must first file an original petition for divorce and pay court costs (usually around $250 depending on the county). You have to notify your spouse that you have filed for divorce. Your spouse then can file an answer to the divorce suit. You must schedule a final divorce hearing with the court. This cannot take place until the divorce petition has been pending for 60 days – Texas' version of a cooling-off period.
A divorce gets more complicated when children and property are involved. If there are children, the court will want to ensure that the issues of child support, custody, and visitation are addressed. Also, all property of the marriage must be equitably distributed, and an arrangement for the couple to split up all debts of the marriage must be reached.
If you agree on all of these issues, filing pro se could be a good option for you. But be sure not to sign any agreement unless you do in fact agree with all aspects of it – it's very difficult, and sometimes impossible, to amend the terms of the divorce afterward. Also, if one spouse gets an attorney, the other spouse should try to get a lawyer, assuming one can be afforded.
People can successfully handle their own divorces, although consultation with a lawyer about your specific facts and circumstances is always recommended. Be sure to review the State Bar Association's "Pro Se Divorce Handbook" if you file for your own divorce.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
