Doing a Simple Divorce in Texas Without a Lawyer

[ShysterJon]

Note: The following is not intended to be a comprehensive guide covering all issues which may arise in a divorce case. I am writing only about a divorce in which: (1) there are NO CHILDREN of the marriage; and (2) there are NO SIGNIFICANT ASSETS (such as a house) belonging to the marital estate. If there are children or a house, or other more complicated issues, it may be best for one or both parties to consult an attorney.

As many of you know, I don't practice family law. (I prefer doing criminal defense because my clients tend to be much nicer than those fighting in family court. Haha.) But having gone through the process twice, and having been approached many times by members of our little community regarding divorce issues, I can offer some tips.

I know it's common to think that you need a lawyer to get a divorce, but you'd need at least $5,000 to hire a qualified lawyer who practices family law to do a divorce in the North Texas area. My view is if the husband and wife don't have children, what they own together is not substantial, and the primary issue is the division of debt, getting a divorce can be a relatively easy process and probably neither party needs to hire a lawyer.

The party seeking the divorce (the "petitioner") would start the process by filing a petition with the District Clerk in the county in which they reside, pay a fee to the Clerk to file the petition and hand-serve it on the other party (if the other party -- the "respondent" -- won't agree in writing to waive service), and draft a final decree.

A person seeking a divorce without a lawyer (that is, a pro se party) should find the free forms on the following web site useful:

TexasLawHelp.org

On this site are all the downloadable forms a person should need to do a basic divorce.

Also, the Texas Young Lawyers Association has published a handbook on doing a pro se divorce. The following is a link to the handbook:

Texas Young Lawyers Association, "Pro Se Divorce Handbook"

This should give a person everything they need to do a simple divorce.

Best of luck!

[DallasBella]

Yeah it's like $350 to file. The couthouse has a legal library and the librarian there helped me with the forms and such (the lady you file with isn't allowed to offer legal advice.)

[Capt. Lincoln F. Stern]

I do have a question about a simple divorce, if there are no kids, no community property, both have their own car they are responsible for, IE it boils down to she takes her stuff, he takes his and then they agree to sort out the bank accounts if they were blended together.... what is the ballpark time that it takes to go from "filing to DIVORCED (including the gavel bang at the end) ?

[Shackleton]

In Texas, the petition must be on file for 60 days before the court can grant a divorce. If everything is agreed, and you request your hearing date far enough in advance, you should be able to get your divorce granted within a week or two of the 60 day mark. This may vary from county to county and court to court depending on their docket schedule, but I'd bet if all is agreed it's pretty rare that it can't be finalized soon after 60 days.

[LovingKayla]

Shyster it's very kind of you to spend your time freely like this. It is greatly appreciated my friend.

I sure could have used this info when I got divorced back in 2000. That damn thing was 1200 non contested, no kids, no property (Ya he was a clingon.)

Have a great day beautiful man.

[Capt. Lincoln F. Stern]

That is what I thought on the 60 day deal... my friend's seemed to take about 6 months longer but I think there were things her EX did to drag it out, as well as her.

[Guest091314]

Originally Posted by ShysterJon

Note: The following is not intended to be a comprehensive guide covering all issues which may arise in a divorce case. I am writing only about a divorce in which: (1) there are NO CHILDREN of the marriage; and (2) there are NO SIGNIFICANT ASSETS (such as a house) belonging to the marital estate. If there are children or a house, or other more complicated issues, it may be best for one or both parties to consult an attorney.

As many of you know, I don't practice family law. (I prefer doing criminal defense because my clients tend to be much nicer than those fighting in family court. Haha.) But having gone through the process twice, and having been approached many times by members of our little community regarding divorce issues, I can offer some tips.

I know it's common to think that you need a lawyer to get a divorce, but you'd need at least $5,000 to hire a qualified lawyer who practices family law to do a divorce in the North Texas area. My view is if the husband and wife don't have children, what they own together is not substantial, and the primary issue is the division of debt, getting a divorce can be a relatively easy process and probably neither party needs to hire a lawyer.

The party seeking the divorce (the "petitioner") would start the process by filing a petition with the District Clerk in the county in which they reside, pay a fee to the Clerk to file the petition and hand-serve it on the other party (if the other party -- the "respondent" -- won't agree in writing to waive service), and draft a final decree.

A person seeking a divorce without a lawyer (that is, a pro se party) should find the free forms on the following web site useful:

TexasLawHelp.org

On this site are all the downloadable forms a person should need to do a basic divorce.

Best of luck!

Thanks shyster!!! That was just what i needed!!!

[presidentcharley]

while what shyster wrote is technically true, ie that if you meet all of those pre-qualifications your divorce is easier than one with those issues, it does still not make the process easy for a layperson.

Down 45south from john our courts are downright hard on pro se divorce filers. you can do it yourself down here, but i routine see the pro se folks be sent away several times from the court with new instructions on how their decrees are missing required elements or they do not have the BVS forms filled out.

Once you add in either a piece of real property, a child, or any type of retirement account to divide, it become nearly impossible for a pro se petitioner to correctly complete their divorce. they may eventually get divorced, but it will have problems in the order.

while you might spend $1000 to $2000 for an agreed divorce with any of those issues, if you later want to come back and modify a bad decree, you will spend upwards of $10,000 to make changes you could have made easily the first time because the burdens of proof have changed on you.

i practice family law, if you have questions, email or post them on here, i'll try to answer as i see them.

this is not a poke at john, i have enjoyed his writings for years, but as he stated, he does not practice family law, and what may seem simple is not always as it seems.

[Capt. Lincoln F. Stern]

Originally Posted by presidentcharley

while what shyster wrote is technically true, ie that if you meet all of those pre-qualifications your divorce is easier than one with those issues, it does still not make the process easy for a layperson.

Down 45south from john our courts are downright hard on pro se divorce filers. you can do it yourself down here, but i routine see the pro se folks be sent away several times from the court with new instructions on how their decrees are missing required elements or they do not have the BVS forms filled out.

Once you add in either a piece of real property, a child, or any type of retirement account to divide, it become nearly impossible for a pro se petitioner to correctly complete their divorce. they may eventually get divorced, but it will have problems in the order.

while you might spend $1000 to $2000 for an agreed divorce with any of those issues, if you later want to come back and modify a bad decree, you will spend upwards of $10,000 to make changes you could have made easily the first time because the burdens of proof have changed on you.

i practice family law, if you have questions, email or post them on here, i'll try to answer as i see them.

this is not a poke at john, i have enjoyed his writings for years, but as he stated, he does not practice family law, and what may seem simple is not always as it seems.

Ok, let me post what my friend went through.

She and husband filed in August of 06, the both had their own cars, did not own a house, no community property. I think she tried to get him to go to council-ling a few times, and he did at first but stopped. She started doing something stupid (affair) in December of 06 and ended it in April of 07.

Her divorce was final in April 07. She said it just took that long. She also had a piece of paper that he had signed waiving his right to contest the divorce as long as she paid for it.

Now, I would think this would be cut and dry straightforward. Now because she had an affair (not with me) if her husband found out, could he have filed some modification to the papers to change the reason from a "no fault" to "fault - adultery" which could have reset the final divorce date?

And, would there be any papers he or her that would need signing and returned at set dates that if missed would reset the date?

Reason I ask is what she told me and what I have come to learn about divorces does not jive

[presidentcharley]

if she got it finalized for an insupportability ground, then it will remain as a no-fault divorce. once finalized the only reasons a court has jurisdiction to come back and modify are children under 18 and/or undisclosed and undivided property that is found post-divorce.

so if you hide the affair past when the judge signs the order + 30days, it will stay no-fault.

and the piece of paper did not say he could not contest it, it said he waived being served with process.

[Black Sedan]

Interesting. I was counseled by at least 5 attorneys that an affair didn't really change much of anything regarding property division for Texas divorce cases (Since '97 FC Changes).

[Capt. Lincoln F. Stern]

Originally Posted by presidentcharley

if she got it finalized for an insupportability ground, then it will remain as a no-fault divorce. once finalized the only reasons a court has jurisdiction to come back and modify are children under 18 and/or undisclosed and undivided property that is found post-divorce.

so if you hide the affair past when the judge signs the order + 30days, it will stay no-fault.

and the piece of paper did not say he could not contest it, it said he waived being served with process.

I do know that 3 weeks prior to her divorce date she told him she was having an affair. They had no kids and I was surprised she told him since I figured he could go to the court and modify which would toss the monkey wrench into things.

She was not the smartest person when it comes to divorces..... best advice I gave her which she ignored was to curb her libido until the divorce is final, never let the Ex know where you moved to and only deal with the EX in a public place or in the presence of an attorney.

[tristan]

Going through the process right now. It's fairly amicable but we are not agreeing how to divide one asset...the house. We paid off our mortgage years ago and neither one of us wants to go out ad get a new one. I want to sell it and just split the proceeds so that we can both go and pay cash for something new. That way neither of us has to take on a new mortgage or rent payment. She doesn't want to sell the house and she doesn't want to buy me out of my half. Except for that everything else is 50/50 with us. Not sure how to work around that without getting lawyers involved. Any suggestions?

[Guest042715]

As someone who just went through a divorce without the lawyer i should have just gotten the lawyer. The divorce went through quickly. it was the unknown bills that popped up after the divorce that were the surprise. i then had to get the lawyer after all to sue her and guess what. I still have to pay half the bills and had to pay for the lawyer after all.

[Capt. Lincoln F. Stern]

Originally Posted by tristan

Going through the process right now. It's fairly amicable but we are not agreeing how to divide one asset...the house. We paid off our mortgage years ago and neither one of us wants to go out ad get a new one. I want to sell it and just split the proceeds so that we can both go and pay cash for something new. That way neither of us has to take on a new mortgage or rent payment. She doesn't want to sell the house and she doesn't want to buy me out of my half. Except for that everything else is 50/50 with us. Not sure how to work around that without getting lawyers involved. Any suggestions?

if you want to sell the house and split 50/50 and she wants to keep, then present that to th e judge.

My best friend went through that, and what happened was the house got appraised, and she had to pay him 1/2 that value. She now owns the house outright.

If she does not want to buy your 1/2, you both retain ownership of the house and even if she remarries and lives there you can still stay there I think