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Do I Really Need a Lawyer to Get a Divorce?

2/3/2015

13 Comments

 
The real question is: do you want to regret not getting a lawyer?  The Texas Supreme Court released standardized forms to help pro se litigants (that's you without a lawyer) file a divorce without retaining a lawyer.  The good news is that if you are married for a short period of time and have not accumulated many assets, then the forms will work for you.  However, there are many things to think about: 1) Are you splitting retirement accounts, if so, you will need a QDRO, which is not provided in the standardized forms; 2) Are you transferring real property or personal property to another spouse, if so, you will need additional legal documents; 3) Is one spouse taking on the full indebtedness of a loan on real property (your homestead), if so, you will need additional language in your decree to insure your name is removed from the loan and additional legal documents to insure you can retrieve the property back if the spouse fails to make payments to the creditor; 4) Do you really believe your spouse is telling you the truth when he/she says the settlement is fair. There are many other variables to think about that cannot be discussed in a blog.  At the very least, pay a lawyer for a real consultation, remember, you get what you pay for!  We will meet with you to discuss your situation and if we believe you can obtain a divorce with the standardized forms, we will assist you in filling out those forms for a fee.  Visit the following website for more information on the Texas Supreme Court Divorce Forms: http://texaslawhelp.org/resource/divorce-in-texas.






13 Comments
Newport Beach Divorce Attorney link
6/21/2018 11:02:27 pm

The divorce attorney will not only guide to get divorce. They will provide you the mental strength to face the divorce case.

Reply
Caden Dahl link
1/17/2019 09:13:23 pm

I think that I would always go for a lawyer if I was to go through a divorce. As you said, there are a lot of things that you need to think about. I know that I wouldn't be able to do any of the things you listed here on my own so I would have to opt for professional help.

Reply
Larry Weaver link
8/5/2019 10:17:39 am

Thanks for mentioning that if personal property is being transferred in a divorce case, then it is important to hire a lawyer. My sister and her husband have determined to separate, and my sister is supposedly going to get control of the home they are currently living in. She is going to need help obtaining control of the property, so I'll advise her to hire a lawyer.

Reply
Gerald link
12/25/2020 06:33:34 pm

Great reading your blog

Reply
Mia Evans link
9/1/2021 01:43:41 am

Thanks for helping me understand that you will need additional legal documents when you plan to transfer personal property to another spouse. I will share this information with my sister since she plans to file for divorce this year. They have two properties together, so she might keep the other one near us while giving the other one to her spouse.

Reply
Millie Hue link
11/27/2021 12:05:28 am

Thanks for helping me understand that there are legal documents needed to insure the properties that you have in both of your names. I guess it would really be best for my sister to hire a divorce attorney now that she wants to file for divorce. It's because they have a house a car in both of their names that they need to process for the divorce to push through as soon as next year.

Reply
Orange County Family Law Lawyer link
5/20/2022 01:17:42 pm

There are many other variables to think about that cannot be discussed in a blog. Thank you for the beautiful post!

Reply
Moshtael Family Law Orange County link
5/21/2022 11:18:10 am

Are you transferring real property or personal property to another spouse, I’m so thankful for your helpful post!

Reply
Afton Jackson link
7/19/2022 12:59:59 am

Property transfers can get really messy without a mediator, so I definitely agree about needing a lawyer when dealing with that. My brother wants his divorce over quickly, but there could be a big fight over what belongs to who in the process. To make sure it goes well, I'll help him find a divorce attorney in the area that can lend him a hand.

Reply
Eli Richardson link
8/12/2022 09:54:59 am

I'm glad you elaborated on what happens if you're getting divorced and have real estate properties to manage. I have an aunt who wants to get a divorce as soon as possible since her husband was cheating on her for years, so I think she'd benefit from reading your divorce tips immediately. Thanks for the advice on finding a lawyer if you want to get a fair settlement.

Reply
Paul Hedrick link
8/1/2023 04:24:11 pm

If so, you will need additional language in your decree to insure your name is removed from the loan and additional legal documents to insure you can retrieve the property back if the spouse fails to make payments to the creditor. I truly appreciate your great post!

Reply
Ronnie Howard link
7/30/2025 12:07:01 pm

Absolutely right. DIY divorce may save money upfront, but legal issues like QDROs and debt can risk your future. A lawyer protects more than paperwork, they protect you.

Reply
SOFIKUL ISLAM link
12/25/2025 03:47:18 pm

Great question! While some handle divorce on their own, a lawyer can protect your rights, guide you through legal complexities, and help avoid costly mistakes, especially with assets or custody involved.

Reply



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