Q: Is it legal to file for divorce without an attorney in Texas?
A: Yes. Texas law allows you to file for divorce without an attorney, a process called filing pro se. You can prepare and file your own documents with the county clerk and represent yourself in court.
However, while it’s legal, it’s not always recommended—especially if your divorce involves children, shared property, debts, or disagreements about custody or support.
When You Might Be Able to File on Your Own
You may be able to handle your own divorce if:
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You and your spouse agree on all terms (an uncontested divorce)
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You have no children under 18
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You own little or no property or debt together
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You’re both willing to sign and complete all required paperwork
Even in these situations, it’s still wise to have an attorney review your final documents before filing to ensure everything is accurate and enforceable.
When You Should Hire an Attorney
Hiring a divorce lawyer is strongly recommended if:
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You have children, shared custody, or child support issues
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You own real estate, investments, or retirement accounts
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You or your spouse disagree about property division or spousal support
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There has been domestic violence or intimidation
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You’re unsure how to navigate Texas family law procedures
An attorney can protect your rights, draft enforceable agreements, and prevent costly mistakes that could affect your custody or finances long-term.
Risks of Filing Without an Attorney
Common issues people face when filing pro se include:
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Filing the wrong forms or missing deadlines
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Incomplete financial disclosures
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Unclear property division or unenforceable orders
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Custody or support terms that violate Texas Family Code requirements
Once a divorce decree is signed, it’s difficult to change or undo mistakes without going back to court.
How The Ashmore Law Firm Can Help
At The Ashmore Law Firm, our Dallas family lawyers offer:
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Full-service representation for contested and uncontested divorces
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Guidance for clients who start on their own and later need help finalizing their case
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Flat-fee and limited-scope services for simple divorces
We make sure your paperwork, rights, and agreements are legally sound from start to finish.
Learn More About:
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Uncontested vs. contested divorce in Texas
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Divorce filing requirements and residency rules
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How long a Texas divorce takes
Authority: Texas Family Code & Gary Ashmore Super Lawyer in Family Law | Dallas, TX
