Pro Se Divorce in Texas

Do I need to hire an attorney to get a divorce in Texas? There are no children involved, and we have agreed on all property distribution. In fact, we get along great now!

There is no law requiring a couple to have a lawyer in order to file for 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 offers a Pro Se Divorce Handbook at www.texasbar.com, under publications.

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, which are usually around $200. You then have to notify your spouse that you have filed for divorce. Your spouse then can file an answer to the divorce suit.

Finally, you must request the court to schedule a final divorce hearing. This cannot take place until the divorce petition has been pending for 60 days – Texas’ version of a cooling-off period.

When children and property are involved, a divorce gets more complicated. 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 really do agree on all of these issues, filing pro se may 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.

The running joke is that if getting married was as hard as getting divorced, people wouldn’t be in this situation! Nevertheless, many people do successfully file and handle their own divorces. If you are thinking about doing so, be sure to review the State Bar Association’s Pro Se Divorce Handbook for more details (www.texasbar.com).

This article appears in August 12 • 2005.

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