Do I Need a Lawyer for an Uncontested Divorce in Texas?
An uncontested divorce — sometimes called an agreed divorce — is the fastest and least expensive way to end a marriage in Texas.
But many people ask:
“Do I really need a lawyer if we already agree?”
Here’s what you should know.
⭐ 1. Texas Law Does NOT Require a Lawyer
You are legally allowed to:
- Draft your own petition
- Prepare the decree
- File documents yourself
- Represent yourself in court
However… divorce paperwork in Texas is not simple.
⭐ 2. Most DIY Divorces Contain Errors That Delay the Case
Common mistakes include:
- Incorrect decree language
- Missing required provisions
- Failing to divide retirement accounts properly
- Using child support language incorrectly
- Forgetting the medical/dental support orders
- Forgetting required property listings
- Not understanding finality clauses
- Incorrect service documents
- Not knowing when spouse must sign the waiver
These errors can cause judges to reject the decree.
⭐ 3. Retirement and Home Division Must Be Handled Correctly
DIY forms do not explain:
- Preparing a QDRO
- Refinancing timelines
- Deeds of trust
- Awarding mortgage responsibility
- Reimbursement and equity issues
Mistakes can cost tens of thousands.
⭐ 4. Parents MUST Include Required Custody & Support Language
Texas requires specific custody and support language:
- Joint conservatorship rights
- Expanded possession rights
- Medical support
- Dental support
- Geographic restrictions
- Rights and duties of parents
If even one required clause is missing, the judge will reject the decree.
⭐ 5. A Lawyer Helps You Avoid Delays & Errors
Most uncontested divorces can be finalized:
✔ Faster
✔ With fewer court appearances
✔ With no rejected orders
✔ With correct property division
✔ With enforceable custody terms
⭐ When You MUST Have a Lawyer (Even If It’s “Agreed”)
Get an attorney if:
- You have children
- You own a home
- You have retirement accounts
- You have debt to divide
- You are concerned about spousal support
- You suspect hidden assets
- One spouse will receive significantly more property
An uncontested divorce is only “uncontested” if the paperwork is correct.
