There is no law requiring a couple to have a lawyer in order to file for a divorce. Someone can file for divorce pro se, which means “for oneself.”
There are a few steps to completing a divorce, and the State Bar Association offers a Pro Se Divorce Handbook.
To file for divorce in Texas, you need to have lived in Texas for six months, including three months in the county in which you file. You must first file an original petition for divorce and pay court costs, which are usually around $200.
You then have to notify your spouse that you have filed for divorce. Your spouse then can file an answer to the divorce suit.
Finally, you must request the court to schedule a final divorce hearing. This cannot take place until the divorce petition has been pending for 60 days -- Texas' version of a cooling-off period.
When children and property are involved, a divorce gets more complicated. If there are children, the court will want to ensure that the issues of child support, custody, and visitation are addressed.
 |  |
 | |  |
| | | | | | | |
Divorce in Texas
Marriages without property or children can be split up with a pro se divorce in Texas.
 
| | |
| | | | | |
|
Also, all property of the marriage must be equitably distributed and an arrangement for the couple to split up all debts of the marriage must be reached.
If you really do agree on all of these issues, which is unlikely, filing pro se may be a good option for you. But be sure not to sign any agreement unless you do, in fact, agree with all aspects of it – it's very difficult, and sometimes impossible, to amend the terms of the divorce afterward.
There are situations when it is almost always best to hire a lawyer to handle your divorce. For example, if one spouse gets an attorney, the other spouse should try to get a lawyer, assuming one can be afforded.
Also, if children are involved in the divorce it is usually best to hire a lawyer. The same is true when the couple getting divorced owns substantial property or substantial assets.
The running joke is that if getting married was as hard as getting divorced, people wouldn't be in this situation! Nevertheless, many people do successfully file and handle their own divorces.
