Am I Eligible for a DIY Divorce in Texas? (2026)

Not every divorce is right for the DIY approach — and being honest about your situation before you start will save you time, money, and stress. Use this guide to figure out whether handling your own Texas divorce makes sense.

Work through each section below. The more "yes" answers you have in the green section and "no" answers in the red section, the better your chances of a successful DIY divorce.

Section 1 — Basic Eligibility (Required)

You must be able to answer YES to both of these before anything else matters:

1. Does at least one of you meet the Texas residency requirement? At least one spouse must have lived in Texas for the last 6 months AND in the county where you plan to file for the last 90 days.

  • ✅ Yes — continue
  • ❌ No — you cannot file in Texas yet. Wait until you meet the requirement.

2. Do you want the marriage to end? You don't need your spouse's agreement to get divorced in Texas — but you do need to want the divorce yourself. If you're unsure, the 60-day waiting period gives you time to reconsider.

  • ✅ Yes — continue
  • ❌ No — consider counseling before filing

Section 2 — The Agreement Factor (Most Important)

3. Do you and your spouse both agree the marriage should end?

  • ✅ Yes — strong indicator for DIY
  • ⚠️ No, but they haven't responded to any communication — you may be looking at a default divorce (harder but still doable)
  • ❌ No, and they want to fight it — contested divorce, consider an attorney

4. Have you and your spouse discussed and agreed on how to divide your property and debts?

  • ✅ Yes, we agree on everything — great for DIY
  • ⚠️ Not yet, but we're communicating well — still possible, resolve before filing
  • ❌ We can't agree — contested divorce territory

5. If you have children, have you agreed on custody, visitation, and child support?

  • ✅ Yes, fully agreed — DIY with children is doable
  • ⚠️ Mostly agreed, minor details to work out — may still be manageable
  • ❌ We disagree on custody or support — get an attorney
  • N/A — no minor children

Section 3 — Complexity Factors

Answer each question and track your results:

6. Do you own a home together?

  • ✅ No — simpler
  • ⚠️ Yes, and we agree on what to do with it — manageable with careful decree language
  • ❌ Yes, and we disagree about the house — contested issue, consider attorney

7. Do either of you have significant retirement accounts (401k, pension, IRA)?

  • ✅ No significant retirement assets — simpler
  • ⚠️ Yes, but we agree on how to divide them — doable but requires QDRO; consider professional help for this piece
  • ❌ Yes, and we disagree — contested, needs attorney

8. Is your financial situation straightforward? Think: regular employment income, a few bank accounts, standard debts.

  • ✅ Yes — good for DIY
  • ⚠️ Somewhat — self-employed, commission-based, or multiple income sources — more complex but often still manageable
  • ❌ No — business ownership, significant investments, complex income — strongly consider an attorney

9. Do either of you own a business?

  • ✅ No — simpler
  • ❌ Yes — business valuation and division is complex. Attorney strongly recommended.

10. Is there significant debt (more than $50,000 combined, or business-related debt)?

  • ✅ No — simpler
  • ⚠️ Some debt but we agree on who pays what — manageable
  • ❌ Large debt, disputes about responsibility — attorney recommended

11. Has either spouse hired an attorney?

  • ✅ No — level playing field for DIY
  • ❌ Yes — if your spouse has an attorney and you don't, you are at a significant disadvantage. Strongly consider hiring one yourself.

Section 4 — Safety and Special Circumstances

12. Is there any history of domestic violence, abuse, or control in the marriage?

  • ✅ No — proceed normally
  • ❌ Yes — your safety comes first. Contact the National Domestic Violence Hotline at 1-800-799-7233. Texas has special protections for abuse survivors in divorce, including address confidentiality. An attorney can help you access these protections safely.

13. Is there a protective order or restraining order currently in place?

  • ✅ No — proceed normally
  • ❌ Yes — consult an attorney. The protective order affects how the divorce proceeds.

14. Is your spouse in the military?

  • ✅ No — proceed normally
  • ⚠️ Yes — military divorces involve additional federal protections and special rules for military pensions. Consider an attorney familiar with military divorce.

15. Are there any immigration issues (either spouse is not a U.S. citizen or permanent resident)?

  • ✅ No — proceed normally
  • ⚠️ Yes — divorce can affect immigration status. Consult an immigration attorney in addition to handling the divorce.

Section 5 — Honest Self-Assessment

16. Are you comfortable reading and filling out legal forms carefully?

  • ✅ Yes — you'll be fine with the TexasLawHelp.org form kits and this site's guidance
  • ⚠️ Not really — consider using an online document service like Hello Divorce or Online Divorce to help prepare your forms ($150–$400)
  • ❌ No — hire an attorney or use a full-service document preparation service

17. Can you and your spouse communicate civilly enough to complete paperwork together if needed?

  • ✅ Yes — agreed divorce is straightforward
  • ⚠️ It's difficult but possible — keep communication focused on paperwork only; consider using email so you have a record
  • ❌ No — any communication leads to conflict. Consider mediation to reach agreement before filing.

18. Do you have a basic understanding of your finances — what you own, what you owe, and what it's worth?

  • ✅ Yes — you're ready to start gathering documents
  • ⚠️ Somewhat — spend time getting clarity before filing; surprises mid-process are stressful
  • ❌ No — one spouse controlled all finances. Consider at least a consultation with a financial advisor or attorney before proceeding.

Reading Your Results

You're a Strong Candidate for DIY Divorce If:

  • You answered ✅ to most questions in Sections 1–3
  • No issues flagged in Section 4
  • You're comfortable with paperwork (or willing to use an online service)
  • Both spouses are communicating and cooperating

Next step: Go to our Complete Texas Divorce Guide and start with Step 1.

You May Need Some Help, But Can Still DIY If:

  • You have a home or retirement accounts but agree on how to divide them
  • Your finances are slightly complex but you have good records
  • Communication with your spouse is difficult but not impossible
  • You're not confident with forms

Next step: Consider using an online document service like Hello Divorce or Online Divorce to prepare your forms. For retirement accounts, consider hiring a QDRO specialist for that piece only. An hour with a family law attorney ($150–$400) for a document review can also give you confidence before signing anything.

You Should Seriously Consider Hiring an Attorney If:

  • Your spouse has already hired one
  • There is a history of domestic violence or control
  • You have a business together
  • You strongly disagree on custody of children
  • Your finances are complex and you can't agree
  • Military or immigration issues are present

This doesn't mean you can't be cost-conscious. Many Texas family law attorneys offer:

  • Limited scope representation — hiring an attorney for specific parts only (like reviewing your Final Decree or just handling the QDRO)
  • Flat fee uncontested divorces — often $1,000–$2,500 for simple cases
  • One-time consultations — $150–$350 for an hour of advice

You don't have to hire an attorney for everything or nothing. Most situations fall somewhere in between.

Free Resources to Get Started

If you've determined DIY is right for you:

If you want help with your forms:

Last reviewed: March 2026 | This eligibility guide is a general starting point. Your specific situation may involve factors not covered here. When in doubt, consult a licensed Texas family law attorney.