Does Every Texas Divorce Need an Attorney?

 Posted on February 14, 2024 in Complex Divorce

Coming to the decision to pursue a divorce from your spouse is stressful, and you are no doubt wondering about the first steps to take in this process. Divorces in Texas can be complex, and while you are not legally required to have an attorney during your divorce, having a legal professional to advocate for you and your rights is essential for ensuring your divorce agreement is favorable. An experienced Texas divorce lawyer can explain your options.

Is It Possible to Divorce Without a Lawyer?

In Texas, no-fault and uncontested divorces are possible. An uncontested divorce has the potential to be settled without a lawyer, though this process can be confusing to navigate alone. If you are pursuing an uncontested divorce, it is important to note that you and your spouse must meet certain requirements and that you do not disagree about any factor of your divorce.

While some couples with very simple divorces and amicable relationships may successfully complete the divorce process without an attorney, there are important reasons to consider hiring a lawyer rather than tackling the process on your own. These include: 

• If your spouse is abusive, domineering, or otherwise presents a significant power imbalance in the dynamic of your marriage, you may not have the negotiating skills to advocate for yourself

• If you own assets that are complicated or valuable, dividing them on your own may prove complicated and subject to future problems as well

• If you have children, trying to negotiate a fair child custody agreement that is in the best interests of the children can be very difficult without understanding your options and what is typical under Texas law.

Why A Divorce Attorney Is a Good Idea

Even though it is possible to file for divorce without an attorney helping you, this is generally not recommended. Without the guidance of an experienced attorney, you could end up on one side of an unfair division of properties, assets, or debts. This could affect you for the rest of your life, making it difficult to save money, meet your needs, and retire

Additionally, only certain types of divorces can be pursued without the assistance of a lawyer, and if you and your spouse are in conflict, one party is in debt, or you have other issues within your marriage, you will need the guidance of a legal professional. This is to ensure that both parties receive fairness in a divorce and that complex legal issues are properly handled.

Contact an Austin, TX Divorce Lawyer

Divorce is a stressful process, and navigating your divorce all alone is a recipe for stress and expensive mistakes. An aggressive, experienced Travis County, TX divorce lawyer at Powers and Kerr, PLLC can review your specific situation and provide you with guidance in your divorce. We will help advocate for your rights and needs during and after a divorce, ensuring your marriage is dissolved fairly.

Call 512-610-6199 for a consultation.