Do it Yourself Divorce in Texas
Whether pest control, carpentry, or how to change a car battery, the enterprising go-getter can now find instructions for just about any project online. Divorce is no exception to this "do it yourself" (D.I.Y.) trend, and with advances in modern technology, couples can actually complete the entire divorce process without ever stepping into a courtroom. Before you get too excited, though, here are a few things to keep in mind about D.I.Y. divorce, and why you might want to reconsider sidelining your attorney.
D.I.Y. Divorce Basics
The truth is, no one is required to have a lawyer. Individuals can and do represent themselves in legal matters all the time, including the millions who choose to self-represent in divorce every year. When couples choose this method, there is no trusty attorney to guide your steps. Instead, you download, complete, and file all paperwork on your own.
The Only "Must Have" Requirement
Because attorneys aren't technically necessary, the only real prerequisite a couple must meet in order to file for divorce in Texas is residency, which must be met on both a state and county level. To qualify for state, the Texas Family Code says that at least one of the marital partners must have been living in Texas for six months. County requirements vary, but in Denton, this threshold is ninety days.
To Contest or Not to Contest?
Texas allows individuals to file for divorce under fault. In a fault-based filing, the court is allowed to consider the "bad behavior" of one spouse when making judgments about things like property and alimony, which can spark some pretty hefty controversy. When a couple doesn't agree on the terms, this is called a "contested" divorce. If your divorce is at all contested, you should definitely scrap your D.I.Y. plans, because a competent, experienced attorney will be crucial.
How to Start Your D.I.Y. Divorce
At a minimum, the bare-bones package for a do it yourself divorce in Texas requires a couple to file the following documents: an original petition for divorce; a waiver of service; and a final decree of divorce. Even if you're committed to doing the process alone, we highly recommend at least having an attorney review your final documents before submitting, to avoid any major pitfalls. Also keep in mind that Texas law requires a minimum of sixty days after filing before anything can be finalized.
D.I.Y. Divorce Attorneys in Texas
In the end, money is a stress that is shared across all walks of life, and if cost is the main concern driving your D.I.Y. quest, understand that there are many less expensive types of divorce available that don't involve litigation. To see how North Texas Family Lawyers can help your D.I.Y. divorce process with minimal attorney involvement, call us today at (972) 436-8000, or schedule a consultation online. Knowledge is power, and it's only by arming yourself with the best information available that you can make an educated decision about what choice is right for you.
