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Can you handle your divorce alone in Texas? Absolutely—especially if you and your spouse agree on major issues like property division, debt, and child custody. While the idea of managing your own divorce might feel intimidating at first, many couples successfully navigate the process without hiring an attorney. With the right paperwork, attention to detail, and a willingness to follow court procedures, filing on your own is not only legal but also efficient. Taking this route can save you thousands in legal fees and give you more control over the outcome—rather than leaving decisions in the hands of someone else.
Can You Handle Your Divorce Alone?
Texas allows people to represent themselves in court. This is called “pro se” representation. It works best when the divorce is uncontested and there are no major disputes. If you and your spouse are on the same page, you may not need a lawyer at all.
You might be a good fit for DIY divorce if:
- You’ve been married a few years
- You have no shared children or agree on custody
- You both agree on who keeps what
- There’s no ongoing family violence
If your case involves child custody, real estate, high-value assets, or a difficult spouse, self-representation might become a burden. But in a straightforward situation, it’s doable.
What You Need Before Filing
Residency Requirements
Texas law says one of you must live in the state for at least six months and in the county where you’re filing for at least 90 days. You can’t file in Texas if neither of you meets that rule.
Grounds for Divorce
Texas is a no-fault divorce state. You can file based on “insupportability,” which means the marriage can’t continue due to conflict that can’t be resolved. You don’t need to prove cheating or abuse unless you want to use that as a fault ground.
Steps to File a DIY Divorce in Texas
Step 1: Get the Right Forms
Visit the TexasLawHelp.org website or your local county clerk’s site. They offer free divorce forms for uncontested cases, including ones with or without children. Read each form carefully.
You’ll need at least:
- Original Petition for Divorce
- Civil Case Information Sheet
- Waiver of Service (if your spouse doesn’t need formal notice)
- Final Decree of Divorce
If children are involved, you’ll also need:
- Standard Possession Order
- Medical support order
- Income withholding order
Step 2: File the Petition
Take your completed forms to the district clerk’s office in your county and file them. There’s a filing fee, usually between $250 to $300. You can ask for a fee waiver if you can’t afford it.
Once filed, you’ll get a case number and court assignment.
Step 3: Serve Your Spouse
You can’t move forward until your spouse knows about the case. If they agree to sign a Waiver of Service, you skip the formal serving process. Otherwise, hire a process server or sheriff to deliver the papers. You’ll need to file proof with the court.
Step 4: Wait 60 Days
Texas law requires a 60-day waiting period from the date you file before you can finalize the divorce. The clock starts the day after you file. Use this time to prepare the Final Decree of Divorce and agree on the details.
Some judges require you to take a parenting class if kids are involved. Check your county’s rules.
Step 5: Final Hearing
Schedule a hearing with the court once the waiting period ends. Bring your signed Final Decree and be ready to answer the judge’s questions. If everything looks right, the judge will sign the decree.
Make sure your spouse signs the Final Decree before the hearing if they’re not attending.
Step 6: File the Decree
Once the judge signs it, file the decree with the clerk. This makes your divorce official. Request a certified copy for your records.
You may need it to update your name, handle insurance, or divide property.
Common Mistakes People Make
Self-filing works, but mistakes slow the process or lead to rejection. Here are a few issues to avoid:
- Skipping forms or signing the wrong sections
- Missing the 60-day wait requirement
- Using forms meant for another type of case
- Forgetting to file proof of service or waiver
- Not confirming the final decree follows court rules
Each Texas county may have its own expectations. Always check with the local court clerk’s office if you’re unsure.
What to Do If Children Are Involved
Divorces with kids need extra attention. Texas courts focus on the best interest of the child. Even if you and your spouse agree, the court reviews the parenting plan to confirm it’s fair and safe.
Key documents include:
- Child Support Worksheet
- Parenting Plan or Possession Schedule
- Medical and Dental Support Forms
The court will not finalize the case until it confirms everything meets legal standards. If child support or custody becomes a point of conflict, your DIY process might need legal help.
How Long Does It Take?
The shortest timeline is 61 days, but most DIY divorces take about 90 to 120 days due to scheduling and paperwork. If your spouse cooperates, and you fill out forms correctly, things move faster.
If your county has a high case load, hearings might take longer to schedule.
When Should You Get Help?
While DIY divorce works for many, some situations call for legal advice. Consider hiring a lawyer if:
- Your spouse has a lawyer and you’re unsure what to do
- You suspect hidden assets or property disputes
- You feel unsafe or face pressure to sign things you don’t understand
- You disagree on custody or child support
Legal aid organizations in Texas offer help for low-income families. You can also use paid document preparation services, but be cautious. Always check reviews and confirm their legitimacy.
Pros of DIY Divorce
- Saves money on legal fees
- Lets you control the process
- Keeps things simple if both parties agree
- Quick resolution for uncontested divorces
Cons of DIY Divorce
- Risk of filing errors
- No legal advice for unexpected issues
- Less protection in complicated cases
- Time-consuming if paperwork gets rejected
Final Thoughts
Can you handle your divorce alone in Texas? In many cases, yes—and it can be a smart, empowering decision. Taking control of your own divorce allows you to save on attorney fees, streamline the process, and maintain a sense of privacy and independence. As long as you and your spouse agree on key issues like property division, debts, and child-related matters, a do-it-yourself approach may work well for you.
Success comes down to preparation. Carefully review every form, follow court procedures, and don’t hesitate to ask the court clerk for guidance. Managing your own divorce doesn’t have to be a battle—it just requires focus, patience, and a commitment to getting it done right.
DIY Divorce in Texas: FAQs
Yes, individuals can file for divorce themselves under certain conditions.
Costs vary, but filing fees typically start around $300, not including additional expenses.
This rule involves eligibility for spousal maintenance after being married for at least 10 years.
Texas law does not require a separation period before filing for divorce.
The process can take a minimum of 60 days, depending on the complexity.
An uncontested divorce, where both parties agree on all terms, is typically the simplest.
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