Common roadblocks in Texas pro se divorce cases

October 31, 2024

Tackling the court system without legal help can be an intimidating prospect. Most people facing criminal charges or a lawsuit know they need the help of an attorney. Divorce is one of the few legal matters people often consider handling on their own.

Frequently, those concerned about an upcoming divorce and how much it might cost may try to save money by initiating a pro se filing. They may also decide to avoid hiring a lawyer to keep the conflict levels as low as possible, managing the entire process on their own behalf. However, there are many potential roadblocks and pitfalls that can impact pro se divorce filings.

For those in Galveston County contemplating this route, it is recommended to seek legal counsel to understand the possible complications and demands of the legal process. At Richmond Law Firm, PLLC, our team of experienced Galveston County divorce lawyers can offer the legal insight needed to make informed decisions and protect your interests throughout the divorce proceedings. We can review the documents and plans you have prepared, helping you to identify and avoid common pitfalls that could complicate your divorce. Contact us today at (281) 992-1600 to schedule a consultation.

What Is Pro Se Divorce in Texas?

In Texas, a pro se divorce means that one or both parties decide to handle their divorce without hiring a lawyer. The term pro se is Latin for “one’s own behalf.” This option allows individuals to manage their own divorce case, which includes filing all necessary documents on time, presenting their case in court, and handling negotiations over property division, child custody, spousal support, and child support.

Choosing to represent oneself in a divorce can seem straightforward and appealing due to the potential savings on legal fees, especially in cases where the divorce is uncontested and there are no intricate assets or sensitive issues to resolve. However, the reality of handling your own divorce can be challenging. The legal system involves detailed procedures and laws that are often difficult to handle without legal training.

For individuals considering a pro se divorce in Texas, it’s important to thoroughly research and be familiar with the relevant legal requirements and processes. Although managing one’s divorce is legally permissible, the individual is prone to making mistakes, leading to delays and potentially unfavorable outcomes. Therefore, this approach requires a significant amount of preparation and attention to detail to complete the divorce process and achieve a satisfactory resolution.

Issues With Rules and Paperwork

One of the most obvious challenges for those handling a divorce without an attorney is their lack of familiarity with the Texas legal system. They might fill out the wrong paperwork or make mistakes when filing documents with the courts. Those mistakes can delay the divorce process and potentially put one spouse at a significant disadvantage for the duration of the proceedings.

Unnecessary Concessions

People who agree to proceed with a divorce without representation may make too many compromises out of a desire to keep the peace. For example, someone unfamiliar with the Texas community law statute may insist on dividing their assets exactly in half even though that arrangement might not be fair given marital circumstances. Having an attorney doesn’t just mean having someone to handle paperwork. It also means having an advocate who pushes for the best outcome and educates about an individual’s rights throughout the divorce. They can identify if the terms sought by a spouse are inappropriate and unfair.

A Spouse Hiring a Lawyer

Another common issue that arises partway into a pro se divorce is one spouse deciding to hire an attorney. They do so to gain an advantage during the divorce process. Someone representing themselves may have a hard time remaining calm and managing negotiations when their spouse has an attorney representing them.

The mistakes that people may make in a pro se divorce case can lead to long-term struggles and unnecessarily unfavorable divorce terms. Hiring a lawyer as early as possible in the divorce process is often the best choice. Those who have someone educating them and advocating for them generally have less to worry about as their Texas divorce process evolves. Contact Richmond Law Firm, PLLC today at (281) 992-1600 to speak to an experienced Galveston County divorce lawyer.

Common Roadblocks Impact
Issues With Rules and Paperwork Mistakes in paperwork or filing can delay the process and disadvantage one spouse.
Unnecessary Concessions Lack of legal guidance leads to unfair compromises, potentially resulting in non-equitable asset division.
A Spouse Hiring a Lawyer If one spouse hires a lawyer, it can intimidate the self-representing spouse and skew negotiations in the lawyer’s favor.

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