Can I Do My Own Divorce?

I always like to say that as a general rule, if you wouldn’t take out your own appendix you probably should not do your own divorce.  Having said that, IF you and your spouse are in total agreement and IF you have no children together and IF you have no community property (such as vehicles, real estate, retirement accounts, etc. that were accumulated during your marriage) THEN you might be justified in doing a pro se (self-representation) divorce using forms that are easily available.  Even then, you should take care in downloading forms off the internet; neither the judge nor the clerks can give you legal advice and you need to make sure the forms comply with the Texas Family Code.  If your situation is any more complex than that, you should consult with an attorney–even if both parties are in agreement and especially when it comes to children.  A mistake or an oversight on your divorce decree could have disastrous consequences years later.  You might accidentally waive important rights or draft the decree in such a way as to make it unenforceable if you and your ex-spouse find yourselves in disagreement later.

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