Do You Have to Hire a Divorce Lawyer to Get Divorced?

Divorce is an inevitably stressful process, and many couples try to minimize that stress by considering their legal options. Rather than hiring attorneys to duke it out in court, a couple may seek an easier option. Many couples wonder: Do you have to hire a divorce lawyer to get divorced?

That’s an important question to consider before you begin divorce proceedings. Many people that tried the DIY route to divorce are living with regret today because they didn’t think through important considerations.

Here, we’ll share when you should hire a lawyer for a divorce, as well considerations for dissolving your marriage.

What Are Your Grounds for Divorce?

Determining whether you will file for no-fault divorce or fault-based divorce has an impact on how complicated your case can get.

No-Fault Divorce

Texas allows no-fault divorce, which means that you don’t need a reason other than “discord or conflict of personalities” to file for divorce. No-fault divorce is a simpler process but still requires you to divide assets and determine child custody, child support, and spousal support.

Fault-Based Divorce

On the other hand, you may want to use fault-based grounds for divorce. Texas recognizes several fault-based grounds for divorce, including: adultery, cruelty, felony conviction, abandonment, and confinement in a mental hospital.

Using fault-based grounds for divorce can put you at a legal advantage, but it requires you to prove the fault. However, if you can prove a fault such as adultery, you may receive a higher share of the community property.

While a no-fault divorce can become complex and usually benefits from legal guidance, some couples with few assets may choose to handle this legal proceeding on their own. However, a fault-based divorce almost always needs the assistance of an experienced divorce attorney.

What Do Divorce Proceedings Require?

A Texas divorce requires filing legal documents, attending court hearings, and attempting negotiations.

File a Divorce Petition

First, you will file a petition for divorce with the court, along with a filing fee. This petition starts your divorce.

Give Your Spouse Notice

Next, you will serve your spouse with notice of the divorce. Legal notice requires that:

• Your spouse signs a waiver of notice,
• A process server serves your spouse with divorce papers, or
• You publish a notice of divorce in a newspaper.

Publishing notice is only an option if you can’t locate your spouse. Normally, the court requires you to obtain a waiver of notice or have a third-party legally serve your spouse.

Receive Your Spouse’s Answer

Once your spouse receives notice of the divorce, they will file an answer and counterpetition within 20 days. Even if you filed for a no-fault divorce, your spouse could counterpetition for a fault-based divorce.

Wait for Your Court Date

Divorce proceedings usually take many months to complete, but even a simple divorce must wait for 60 days before becoming finalized. During this waiting period, you and your spouse can negotiate the terms of your divorce.

Attend Your Divorce Hearing

Your final divorce hearing takes place at least 60 days after you file for divorce. If you and your spouse reached a divorce agreement before the final hearing, the process is easier. The judge will review the terms of your agreement and usually grant approval.

If you and your spouse did not reach an agreement, you will have a divorce trial in front of a judge or a judge and jury. The hearing will decide division of assets, child custody, child support, and spousal support.

The judge will issue a divorce decree, which you will file with the county clerk. This decree finalizes your divorce.

Evaluate Your Need for an Attorney

According to The Larson Law Office Even the simplest divorces require many legal steps. The division of assets in complex divorces can have a huge impact on your financial future. More importantly, parents’ relationship with their children is at stake.

For these reasons, it makes sense for most people to hire a skilled divorce attorney who will represent their interests in a divorce.