Agreed Divorce in Texas: DIY, Online or With a Lawyer

Can we write our own divorce agreement?

Yes. Spouses can negotiate and write their own terms, and the judge will generally approve an agreement that is complete and, for children, in their best interest.

The risk is in what an agreement leaves out or words loosely. A Texas decree needs to identify each asset and debt and say who gets it, address the house and mortgage, and, with children, set conservatorship, a possession schedule, child support, and medical support. Gaps often turn into new court cases later.

Texas has court-approved forms for some simple uncontested divorces, available through TexasLawHelp.org. They work for straightforward cases. A lawyer can turn your agreement into a decree, or review one you drafted. See uncontested divorce.

Is online divorce a good idea if we own a house?

Often not without a lawyer's review, because a house raises issues that generic online forms handle poorly. The decree has to do more than say who keeps it.

• Describe the property by its legal description so the transfer can be recorded.
• Provide for a deed from one spouse to the other, if needed.
• Deal with the mortgage: the lender is not bound by your decree, so a spouse who stays on the loan remains liable to the bank.
• Set a deadline to refinance or sell, and what happens if that does not occur.
• Address any separate-property claim, such as a down payment from before the marriage.

Online services can be useful for producing forms, but they do not tell you whether a term protects you. Having a family lawyer review the finished decree before anyone signs it is a modest step that can prevent a costly one.

These details decide whether the agreement still works years later. See homes, retirement and investments.

Do I need a lawyer if we don't have children?

No, Texas does not require a lawyer for any divorce, and a case without children is simpler. Whether it is wise depends on what you own and owe.

If there is little property and no retirement accounts, many couples finish on their own. If there is a house, a business, retirement plans, or significant debt, a lawyer's drafting or review is worth considering. Dividing a 401(k) or pension, for example, usually requires a separate qualified domestic relations order that the plan will accept.

Debts deserve the same care as assets. The decree should say who pays each loan and card, and joint accounts should be closed or refinanced, because a creditor can still pursue anyone who signed. Tax questions, such as who claims what for the year of the divorce, are easier to settle in the agreement than afterward.

What if we agree on property but not child custody?

Settle what you can and put it in writing; the remaining custody issues can go to mediation or, if needed, to the judge. A partial agreement narrows the case and the cost.

Custody in Texas is decided on the children's best interest, and a Texas court can refer a divorce to mediation (Texas Family Code § 6.602). A parenting facilitator or co-parenting counselor can also help parents settle the schedule. See child custody.

Can we settle everything before filing for divorce?

Yes. Many couples negotiate or mediate the full agreement first and file only when the decree is ready to sign.

Settling first does not shorten the legal minimum: a Texas court still cannot grant the divorce before the 60th day after the petition is filed (Texas Family Code § 6.702). It does mean the final hearing can usually be set as soon as the waiting period ends. A waiver of service can only be signed after the petition is on file.

A complete agreement usually covers:

• Every asset and debt, with who receives or pays it.
• The house: who keeps it, the deed, and the mortgage.
• Retirement accounts and how they will be divided.
• Any spousal maintenance or contractual alimony.
• For children: conservatorship, the possession schedule, child support, and health insurance.

Should we use mediation before hiring separate divorce lawyers?

It is often a sensible first step when both spouses want to settle. A mediator is neutral, helps you work through each issue, and does not represent either spouse.

In Texas, a mediated settlement agreement is binding if it states in bold, capital, or underlined type that it is not subject to revocation, and is signed by both spouses and by any attorney present (Texas Family Code § 6.602). That is why each spouse should consider having a lawyer review the terms before signing.

John B. Polk mediates family cases in person at his Turtle Creek office or over Zoom. See mediation.

What's the simplest way to divorce after a long marriage?

The simplest way is an agreed divorce built on full financial disclosure, often reached in mediation. A long marriage usually means more to divide, not more to fight about.

Expect the agreement to address retirement accounts and pensions, often through a qualified domestic relations order; the family home; Social Security and health insurance timing; and whether one spouse will receive spousal maintenance, which Texas law ties in part to the length of the marriage. Getting these right once is far simpler than fixing them later.

Spouses in a long marriage often have very different knowledge of the finances. The spouse who handled them less should get the statements and time to review them, and a financial planner or CPA can explain what each option means for retirement income.