Texas law does not require you to hire an attorney to file for divorce, even an uncontested one. However, an uncontested divorce still produces a legally binding documents covering property division, debt allocation, and (if children are involved) conservatorship, possession schedules, and child support. Mistakes in these documents can be difficult and costly to fix later, so most family law attorneys recommend at least a legal review of the paperwork before you sign, even in a fully agreed case. There are many ways to have an amicable and cost-effective divorce, and a good family law attorney can help guide you to an efficient resolution faster than you can on your own.
Many lawyers will explain it this way – if you need medical care, are you doing it yourself, or going to a doctor? The same applies for legal issues. Paralegals cannot give legal advice, so a lawyer is necessary.
If you want to do it on your own, you will be called a “pro se” litigant. You will be subject to all of the same rules, procedures, and laws that attorneys have to use inside and outside of the courtroom, and will be expected to have the same mastery. Judges are not permitted to go easier on you simply because you don’t have an attorney. And, if your spouse hires an attorney, your spouse and his/or her attorney may take advantage of your lack of knowledge, or you may be simply outmatched by not having your own representation.
Simply put – clients don’t know what they don’t know. AI and Google searches will often give some information, but not all, and much of the information provided in response to an AI search may be inaccurate or inapplicable to the client’s situation; however, the AI output provides informative firm statements that lead the client to believe a matter is cut and dry.
Divorce in Texas is not a one-size-fits-all situation. There are forms found online (some even promulgated by the Texas Supreme Court), but they do not cover the parties’ circumstances in most cases, or even in any case in which there are any basic assets to divide. For ‘instance, these forms do not provide enforceable terms regarding who and how any debts are to be divided and paid. They also have a few terms in them that make further litigation and costs necessary just to simply transfer an asset. In both of these situations (and more) people who use the forms will end up creating more problems for themselves later on. It could have been done right the first time, for much cheaper than the cost to fix it.
Shortcuts come with significant shortcomings, and often end up costing more to fix than having a family law attorney do it right the first time.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.