State courts rarely require you to get professional counsel, but it's usually a good idea. Divorce can be a complex process, legally and emotionally. A professional on your side can save you time and protect your rights. "Pro se" is the term used for representing yourself in court.
Pro Se Litigants
You can't assume the court will take it easier on you if you represent yourself in any legal proceeding, including divorce. Pro se litigants are held to the same standards as lawyers, and are expected to know the law, rules and procedures of the court. Most states provide some self-help resources for pro se litigants, such as the Texas divorce handbook (See Resources). In addition to online sources, many public libraries and the courts themselves will have helpful materials.
Uncontested Divorce
An uncontested divorce is one in which all the terms of a divorce are agreed upon by you and your spouse before filing, and therefore there is no need for a trial. It is certainly possible to complete an uncontested divorce without using a lawyer, especially if your spouse is not using a lawyer either. Some states have summary or streamlined processes for uncontested divorce that can reduce the burden of time-consuming paperwork.
Cost
A major concern of people who want to represent themselves in a divorce is the cost of hiring an attorney. Because a contested divorce can drag on for months, there is potential for the legal cost to be significant. But if a professional attorney can get you a better deal in the division of property or payment of alimony, the representation may practically pay for itself. And if you get a better result in child custody, there is virtually no price you can put on the cost of that service. Using a lawyer does not guarantee a better outcome, but it makes it more likely you will get the full extent of your rights under the law.
Time
Another major factor in the decision whether to use a lawyer is the time commitment involved in representing yourself. Even if you are familiar with the legal process, a contested divorce can involve hours of lengthy paperwork in the form of disclosures, discovery requests and other legal documents. If you have to also spend time learning the law and your legal rights, the time commitment can be prohibitive. Using a lawyer will not mean you don't have any work to do, but it does free up a considerable amount of your own personal time.
Conflict of Interest
If your spouse is using a lawyer, chances are you will be at a disadvantage without also getting legal counsel. But don't assume you can level the playing field by using the same attorney. Though not necessarily forbidden, it is questionable ethically for a lawyer to represent both spouses in a divorce and, realistically, may not ensure the best outcome for you.
