If you're looking to get a divorce in Texas, you probably know how expensive attorneys can be. Many people ask whether it's possible to file without hiring a divorce lawyer. The answer is yes--with some considerations. First and foremost among these is the question of whether your situation might qualify for what is known as a no-fault divorce.

Choose the No-Fault Option

If you and your spouse have mutually decided that divorce is your best option, things should go fairly smoothly. Texas allows for a no-fault divorce, but only for one of two possible reasons. Either your marriage in ending because the marriage has "become unsupportable because of discord or conflict," or because you have been living apart from each other for a period longer than three years. If you are filing on the grounds of cruelty, adultery, abandonment or any other negative cause, your spouse will most likely contest the divorce. If the divorce is contested, you will have to prove your claim in court, and you'll want to retain a lawyer.

Obtain the Necessary Paperwork

In addition to the Petition for Divorce, there are several other documents that may apply to your divorce. A Marital Settlement Agreement tells the court what you and your spouse have agreed to. If children are involved, forms like a Visitation Schedule and Garnishment Form may be necessary. If your spouse has not signed a Waiver of Citation, you will have to file a citation (called a summons in some other states) to show you've served the paperwork. Several divorce kits are available that offer the same boilerplate forms most attorneys use. You can fill them out yourself and avoid the cost of a lawyer, but not everyone is comfortable with these types of documents. Look over the documents before you decide whether you can go it alone.

Reach an Agreement

If you and your spouse are in agreement about how to dispose of property, as well as about your child custody arrangements, you should be able to file for divorce without the aid of an attorney. Texas is a community property state, so the court will order an equal division of property if you fail to reach a settlement between the two of you. An agreement drawn up between your partner and you will usually be approved by the court, whether it was created by a divorce lawyer or not. This is true even for couples with children, unless the court does not believe the custody arrangement you've come up with is in the child's best interest. Under that circumstance, the court may intervene. Sit down with your spouse and discuss your views on property and custody. If you can agree, put that agreement into your Marital Settlement Agreement.

Other Factors

Of course, anyone filing for divorce in Texas must meet the state's residency requirements. One spouse must be a resident of Texas for six months and a resident of the county where divorce is being filed for 90 days. In addition, complex issues like spousal support and child support are often best handled by an attorney.

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Help Yourself Divorce