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Texas is a mixed state, which means you can use either fault or no-fault grounds to file for a divorce.
A lot depends on your situation, and whether you and your spouse can work together in a civil divorce. If you have an uncontested divorce situation, you can join the masses and decide to file your own Texas no-fault divorce paperwork without hiring a lawyer. Doing your own divorce in Texas is extremely popular as long as you and your spouse are in agreement and are both willing to sign all of the required divorce papers.
If you decide to file a fault divorce in Texas, you will most likely want to hire a lawyer since your divorce will typically be contested and can get rather messy with heated negotiations. Texas is actually one of two states where the divorcing parties can request a jury trial about certain disputed elements of the divorce action. For example, Texas is the only state where juries can render verdicts controlling the conservatorship (custody) of children and their primary residence.
Advantages of Doing Your Own Divorce in Texas
Texas Pro Se no-fault divorce litigation means you are representing yourself in your own divorce case. With or without attorney representation, the procedures to file for an uncontested divorce Pro Se in Texas are the same as if you hired a lawyer. The only difference is you complete and file the divorce paperwork yourself.
Before you take on the job of filing Pro Se in your divorce case, you should consider the legal aspects and whether or not your spouse is willing to agree and sign. If not, it is best to hire a divorce attorney. You should only consider filing yourself if you and your spouse are looking to end your marriage on agreeable terms.
1. Cost. The filing fee in Texas is about $250 to $350, depending on the county. These filing fees are in addition to any expense you incur from preparing your own divorce papers. Online divorce solutions like, 3StepDivorceTM make the preparation process of the paperwork extremely easy and affordable.
2. Popularity. Data obtained from the Office of Court Administration states that in Texas, except poverty statistics and unless otherwise noted, the Total Cases filed September 1, 2010 - August 31, 2011 57,597 family law cases in which petitioner filed pro se, represent 21.6% of total family law case filings and 16,862 for other civil and probate cases in which the Petitioner filed Pro Se.
3. Control. From the comfort of your own home you have the ability to instantly print your completed divorce papers that are ready for review and signing. You have no lawyer office visits or lengthy delivery periods that delay your divorce filing. You also have better control over who sees your personal information, because when you do your own divorce you do not have to share it with a third party to have them prepare your paperwork.
4. Ease. If the qualifications are met, the divorce itself involves you and your spouse coming to an agreement about all the terms of your divorce, filling out, and filing the divorce papers. 3StepDivorceTM makes this easy! The forms required may vary from county to county and after filing, Texas requires a 61-day "cooling off period" to pass before the divorce can be finalized. After the expiration of this period there is a final hearing where, if the parties have presented the appropriate documentation and the jurisdiction and cooling off period completion have been established, the judge signs the Final Decree of Divorce. The divorce is complete at this time, though there is a 30-day window for appeals, during which time the divorced parties are not permitted to remarry.
5. Other. In Texas, you and your spouse can divorce if you are still living together, and it has become more common for spouses to continue living together while their divorce is pending, especially when it is uncontested. Moreover, being intimate with your spouse will not have any effect on your ability to get a divorce in Texas. If, however, a child is conceived between you and your spouse, provisions regarding the child such as conservatorship, possession, and child support will have to be included in your Divorce Decree.
Deciding to Hire a Lawyer for Your Divorce in Texas
A good lawyer brings dispassion to the case, so he or she is unbiased and does not let emotions overcome his or her judgment. When you have a complicated estate or little chance of coming to an amicable agreement, you may decide that it is best to hire a reputable divorce lawyer to help explain your rights and guide you to a fair settlement if possible.
Deciding to choose a lawyer can be formidable. Sometime people interview a number of candidates. Choose the lawyer that you are most comfortable with. Choosing a lawyer who is right for you, but a good bet is a lawyer with a fair fee, a good track record of handling divorce cases, and a good reputation for honesty and integrity.
People ending a marriage in fault divorce may be tempted to hire an aggressive lawyer. This is not recommened as it can escalate tensions that result in a lengthy and expensive divorce experience.
Try contacting your local Texas state bar association for help finding an attorney. The Texas Bar association has some 95,400 members, so there are plenty of possible candidates for consideration. The bar association is located at 1414 Colorado St., Austin, Texas 78701, 512-427-1463. The website is http://www.texasbar.com.