In a DIY, or do it yourself divorce, one or both parties handle the divorce process without the help of an attorney. This is legal in Texas, and resources are easily available. However, before you make any decisions, think about your situation. Do you have children? Do you have real estate? Do you have the amount of time necessary to devote to the process? Can you and your spouse work together civilly? These are important things to consider before you decide to handle your divorce without an attorney.
There are many aspects of a DIY divorce that are appealing. They:
- Save time – Couples who can work together civilly and agree to uncontested divorce can finalize their divorce faster than going to court, especially if they have already agreed on such issues as child conservatorship and asset division.
- Save money – Although couples still have to pay filing fees and any expenses relating to documentation, they do avoid paying attorney's fees.
- Control – DIY divorce gives couples the flexibility to work out their own schedules rather than work around those of an attorney or judge.
- Privacy – There is no chance office personnel will see their personal information.
However, there are drawbacks that could outweigh any benefits, such as:
- Lack of legal expertise – Printable documents and online resources provide little or no guidance, so couples are susceptible to incomplete documentation, overlooked legal requirements and deadlines, and misinterpreted legal terms. This could cause potential delays.
- Legal protection – Each state has its own laws regarding child custody and support, as well as asset division. Online resources may not list these laws, while an attorney would make sure you are familiar with all Texas laws.
- Financial problems – Often in a marriage, one spouse handles certain responsibilities, while the other handles others. If one spouse is unfamiliar with family finances, they may end up paying more in shared expenses. They may find themselves on the receiving end of unfair property division, hidden debt, and joint liabilities.
- Child custody and support – DIY online resources often don't consider variations in different families. Visitation schedules and shared responsibilities may not be as simple as the online forms imply, and they may not offer conditions for children with special needs. Calculating child support can be complicated, and often a parenting plan must be submitted to the court and approved no matter what form of divorce a couple chooses. A family attorney is especially a good idea if children are involved, because they are well equipped to protect your interests in this area.
- Emotional Stress – Dealing with both the stress of the divorce procedure as well as the responsibilities of daily life can make couples feel rushed. This can lead to one or both making decisions they will regret. Having an attorney can ease this stress.
A DIY divorce does have its benefits if your divorce is uncontested, there are no minor children, and your estate is small. However, if you have children, extensive property, or complicated assets, using an attorney can protect your rights and help provide a smoother divorce process.