DIY Divorce: Simplifying The Process
Divorce can be a complex and emotionally taxing process, but for some couples, a do-it-yourself (DIY) divorce may offer a simpler path forward. This approach allows couples to handle the divorce proceedings on their own, without the direct assistance of legal professionals. It is often considered by those who seek to reduce costs and maintain control over their divorce terms.
Many people seek to execute their own divorce simply to avoid attorney’s fees. The DIY process in law is called “pro se,” which means doing it without a lawyer. It is generally possible to handle your divorce yourself in Texas, but only in situations in which there are no contested or complicated issues. You and your spouse cannot be fighting over the kids, any items you own or any real property you have. You cannot seek to divide retirement accounts. Most divorces have a couple of disputes along the way.
When And Why Choose A DIY Divorce?
A DIY divorce follows a simplified process that includes filing your divorce petition and paying the filing fees, getting a waiver of service signed, writing and filing a decree of divorce and having a court finalize it. Choosing to manage your divorce independently can be beneficial under the right circumstances.
DIY divorce is typically best suited for couples who:
- Agree on all divorce-related issues, such as property division, child custody and support arrangements
- Have a clear understanding of their financial situation and mutually agree on how to divide assets and debts
- Prefer to handle the situation privately without involving more people than necessary
The main benefits of a DIY divorce include cost savings, since you are not paying attorneys to negotiate and handle paperwork. Additionally, it often leads to faster processing times, as you directly manage the timeline and submission of necessary documents without intermediary delays. This approach also allows for a more personalized agreement, tailored specifically to the needs and desires of both parties involved.
Understanding The Limitations Of A DIY Divorce
While a DIY divorce might seem like an attractive option, it is not suitable in every situation.
You should reconsider a DIY approach if:
- A significant imbalance in power or knowledge about finances or legal rights exists between spouses.
- The relationship involves any form of domestic abuse or manipulation.
- The divorce involves complex assets, such as a business, multiple properties or significant investments that require expert evaluation.
- There are disagreements on major points, such as child custody, support payments or division of substantial assets.
- Either party is not fully committed to the transparency and honesty required for a fair agreement.
In any of these scenarios, having a professional attorney is crucial to ensure that your rights are protected and that the divorce agreement is equitable and legally sound. Legal advocates can provide necessary guidance through the complexities of the law and help prevent long-term regrets over hastily made decisions.
Navigating a divorce – whether through DIY methods or with legal assistance – is a significant decision. Understanding when you can effectively manage a divorce on your own and recognizing when you need professional help is key in ensuring the best outcomes for all parties involved.
Our Team Can Help You Find The Right Divorce Solution
The most common circumstance in which our lawyers are hired for a simple divorce in Texas is when someone starts their DIY divorce but then finds out how long the process actually takes. In Bexar County, if you are going to do your own divorce, you will wait at least four months for the process to be completed because you will be waiting for the court to review your documents. Because of their backlog, the courts simply take a long time to review things. When you hire a lawyer, you can avoid that waiting time. Feel free to call us if you already filed your divorce but don’t feel like waiting another day to get it finalized.
DIY divorce is possible in San Antonio but requires diligent effort on the part of both spouses. If you wish to have legal help with any of the steps, then please do not hesitate to call us at 210-740-0281. You can also reach us by filling out our online contact form to schedule a consultation.