You may be able to file for your divorce in Texas pro se (without an attorney), but proceed with caution, as you may be leaving much on the table. Here’s what we do recommend you consider before you file.
If you have:
- No kids & no property:
- Consider: Normally there is nothing to dispute. However, you leave on the table the ability to discover if your partner did in fact acquire something of value that you would have in interest in (i.e. hidden savings, raise in retirement, etc.)
- No kids & yes property (a house, cars, etc.):
- Consider: With a house, what's the true value of the home and best way to divide it? You do not want to be stuck with a mortgage long after divorce.
- Yes kids & no property:
- Consider: What will go into the custody order which includes rights, duties, child support, health insurance, and visitation?
- Yes kids & yes property:
- Consider all the above previously stated. There are too many variables when it comes to a custody order for the children and a property division.
- Kids were born during the marriage but with someone not your spouse. I do not recommend filing for your own divorce because there may be other procedures that may have to be filed simultaneously with your divorce.
When it comes to filing a divorce, there are many things to consider carefully. Before you file by yourself, it never hurts to talk to an attorney to figure out if this is in your best interest or if it’s best you hire a professional.