Recent Texas Supreme Court decision allows do-it-yourself divorce forms

February 09, 2013

Recent Texas Supreme Court decision allows do-it-yourself divorce forms

Article provided by Carlock & Gormley L.L.P.
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A decision from the Texas Supreme Court may make it easier for couples with comparatively uncomplicated divorces to use a standardized form to petition for divorce. The form may be helpful to some couples, but in other cases it may carry a risk of significant mistake that can be difficult to undo.

Standardized form may help couples divorce without an attorney

In a 5-3 decision, the Texas Supreme Court agreed to proceed with a standardized form for use by low-income, childless couples who are divorcing in Texas. Upon the court's order, the form is currently released for public comment, and a procedure for using the form may be approved in early 2013.

In the decision, the court warned that the form is not appropriate in all circumstances, but it hopes the form can help couples with relatively simple divorces who otherwise cannot afford to hire an attorney. The Dallas Morning News reports that 58,000 people filed cases in Texas family courts without legal representation in 2011.

According to the Dallas Morning News, 48 other states already use similar do-it-yourself divorce forms, and Texas residents frequently try to file other states' forms in Texas courts. These attempts are unsuccessful because the forms must be specific to Texas.

In addition to issues regarding state law requirements, a standardized form can contain other hidden pitfalls. A representative from the Texas Family Law Foundation said the form is no substitute for the valuable assistance of a family law attorney. He believes that, because each couple's circumstances are unique, a standardized form is not appropriate.

Benefits to working with a family law attorney

There are several benefits to working with an experienced family law attorney. Lawyers are familiar with many different types of cases, are aware of legal issues that a non-lawyer may not recognize, and can provide guidance on the best way to proceed. Among other things, an attorney can assist with the following issues in divorce:
-Child custody
-Child support
-Property division
-Retirement account valuation

Additionally, although certain forms may appear to make the process easier, there is still a complex maze of paperwork to work through. An attorney can help couples navigate the legal system in a more simple and efficient manner. An attorney is also objective, which is especially important in divorce cases, where emotions can run high.

For divorces that involve complicated valuation and distribution of financial assets, property or closely held business interests, an attorney has access to a variety of reputable consultants with specialized knowledge who can help in seeking a favorable financial outcome.

Finally, an experienced attorney helps ensure that no important matters are overlooked. For instance, couples who divorce without an attorney may not be aware they are entitled to certain benefits, such as retirement benefits, from a former spouse.

If you are contemplating divorce in the Lone Star State, contact an experienced Texas divorce lawyer to discuss the details of your situation.