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Divorce is one of life's most stressful events, both emotionally and financially. Most people going through a divorce simply want it to be over quickly, avoiding lengthy court battles and excessive legal fees. This leads many to ask: do I even need a lawyer?
There is no short, simple answer.
As divorce attorneys in San Antonio, we've witnessed firsthand how emotionally challenging this process can be for families.
Generally, it is smart to hire a divorce attorney when children, substantial assets, or complex property divisions are involved. Even simple, fully agreed-upon divorces with minimal assets in San Antonio may require some legal assistance.
When Legal Representation Makes Sense
Before initiating divorce proceedings, discussing your situation with a qualified lawyer can help protect your rights and prepare you for what lies ahead. An experienced divorce lawyer can identify potential issues you might not have considered.
Complex Asset Division
When your marriage involves significant assets, retirement accounts, or property, a divorce attorney ensures fair division according to Texas community property laws. Your lawyer will help identify all marital assets and prevent your spouse from hiding or dissipating valuable property before filing.
Child Custody Disputes
Child custody matters demand specialized knowledge of Texas family law to protect your parental rights and your children's best interests. A divorce lawyer helps create a custody arrangement that serves your children while preserving your role in making important medical decisions and other aspects of their lives.
Domestic Violence Situations
Cases involving abuse require immediate legal protection. A family law attorney can help secure protective orders and ensure that court proceedings will prioritize your safety. This is particularly important in Bexar County, where specific local rules govern domestic violence-related divorce filings.
Long-Term Marriages
Divorces after long-term marriages often involve complex financial matters, including retirement assets, spousal maintenance, and property accumulated over many years. An experienced attorney can help ensure your financial security post-divorce.
While these situations clearly warrant professional legal help, there are circumstances where you might handle certain aspects of your divorce without full attorney representation.
DIY Divorce: When It Might Be Appropriate
Yes, it is possible to handle your own divorce, but you should understand that the process isn't as straightforward as it seems, especially without a law degree. Even though you can find divorce guides on the official Texas State Law Library website, it can still be complicated. Here are the very limited situations where self-representation might work in Texas divorce cases:
- Truly Uncontested Divorces Both spouses completely agree on all terms, including property division, with no disputes whatsoever.
- No Minor Children No custody, child support, or visitation issues to complicate the proceedings.
- Minimal Marital Property Few assets to divide, no real estate, and minimal debt allocation.
- Short-Term Marriage Marriage lasted only a few years, with little entanglement of finances.
- Both Parties Want a Clean Break No alimony or spousal support requirements.
In Texas, uncontested divorces require a 60-day waiting period after filing before the court can finalize your divorce. Both parties must also meet residency requirements: at least 6 months in Texas and 90 days in the county where you file.
Even seemingly simple divorces can develop unexpected complications once the process begins. What starts as an amicable split can quickly become contentious when discussing the actual terms of the divorce agreement.
There are also risks of moving forward without an attorney to advise and assist you — for example, you may be inadvertently waiving rights or claims in property by proceeding without an expert in marital property law. A final order may not be drafted to truly reflect the agreements of the parties, and this can lead to potentially unfixable errors.
The Hidden Costs of Self-Representation
While saving on attorney fees might seem appealing, the long-term divorce cost in Texas can be much higher when mistakes are made. These errors often can't be fixed later.
Common Legal Mistakes
- Incomplete Property Division Forgetting assets or incorrectly valuing property can cost tens of thousands of dollars. Some assets, like retirement accounts, require additional court orders or paperwork to be divided properly and without tax consequences.
- Child Support Miscalculations Using incorrect income figures or not accounting for medical support can affect your children's well-being for years.
- Custody Arrangement Oversights Vague language about parenting time or holiday schedules leads to ongoing conflicts and potential court hearings. If orders for children are vague or unclear, you may not be able to enforce them through contempt if the other parent violates.
- Waiving Rights Unknowingly Without legal knowledge, you might sign away important rights to property, future modifications or financial support.
- Missing Deadlines Courts in Bexar County strictly enforce filing deadlines, and missing them can severely damage your case.
Long-Term Financial Impact
The financial consequences of DIY divorce errors often emerge years later, when it's too late to correct them. What might seem like small details can have major impacts on your financial stability.
While attorney fees may seem expensive initially, they often represent a wise investment in your future financial security and the safety and stability of your family. The cost of correcting mistakes afterward — if they can be fixed at all — typically far exceeds what you would have paid for proper legal representation from the start.
First Steps to Take Whether You Hire a Lawyer or Not
Before filing divorce papers, certain preparation steps are essential, regardless of whether you hire an attorney. Taking these actions early can protect your interests and streamline the process.
Gather Financial Documents
Collect bank statements, tax returns, retirement account statements, property deeds, and loan documents from the past 3–5 years. Having a complete financial picture is crucial for fair property division and forms the foundation of any divorce process.
Create an Inventory
Make a detailed list of all marital and separate property, including physical items, financial assets, and debts. Include approximate values and documentation of when and how each asset was acquired.
Understand Community Property Laws
Texas is a community property state, meaning most assets acquired during marriage are subject to division regardless of whose name is on the title. Separate property (owned before marriage or received as a gift/inheritance) generally remains with the original owner. These categories become complicated if, for example, funds are commingled in a bank account or if assets were purchased during the marriage with separate property funds or a mix of separate and community funds. Reimbursement claims also add complexity to your case, and it may be ill advised to proceed without an attorney.
Draft a Parenting Plan
If you have children, outline your ideal custody and visitation schedule, including holidays, vacations, and special occasions. Consider practical issues like transportation, communication between parents, and decision-making authority. Child support is a necessary term in court orders. You must address how to meet the financial needs of your child.
Secure Your Finances
Consider opening individual bank accounts and credit cards to establish financial independence. Be careful not to violate court orders or appear to be hiding assets when separating joint accounts.
The Path Forward: Get Legal Support When It Counts
The decision to hire a divorce attorney should be based on your specific circumstances, including the complexity of your assets, the presence of children, and the relationship with your spouse. Having legal representation often prevents costly mistakes and protects your rights during this challenging transition.
Sarah Anne Lishman is a Board Certified divorce attorney. The divorce attorneys at Lishman Law provide specialized guidance through every step of the divorce process in San Antonio. Contact us today for a consultation to discuss your unique situation and the legal options available to you.
Our divorce lawyers will carefully tailor a strategy and process that represents the best path forward for your unique facts and goals. We strive to ensure that, even if your divorce is simple and/or agreed, all paperwork is drafted properly and you proceed fully informed about your rights.
