Pro se Filing in Texas

Pro se is a legal term used where a plaintiff or defendant files to represent themselves during court proceedings without legal representation or counsel. Pro se litigation is any citizen’s right and he/she can represent themselves in their court case proceedings. 

The main advantage of pro se filing for a divorce is that you cut much of the expenses for legal representation by filing your own paperwork and representing yourself during all the proceedings. The cost saved in respect of legal representation is likely to be in the thousands of dollars and the only costs to be incurred are costs of filing fees which may be in the hundreds of dollars. While cost cutting may be the main tangible advantage for filing pro se for your divorce there are many disadvantages which may inadvertently produce hidden costs to the pro se litigator. 

The most obvious disadvantage of a divorce, whether uncontested or contested, is that the proceedings could become complicated. This is the case when aspects like child custody and visitation and actions on the division and distribution of pension benefits are involved. Such aspects require in depth knowledge and expertise of a divorce lawyer.

One legal observer noted that pro se litigation creates tension in the court; where the court is torn between its role to preserve the integrity of the adversarial system and to be neutral and the court’s desire to protect the ignorant pro se litigant. This conflict is manifest in a situation where one spouse files pro se and the other gets legal representation; it is possible that the court would object to a settlement agreement on the basis that such an agreement is unconscionable (i.e. grossly unfair) because of the spouse’s lack of legal representation. Yet with legal representation for both spouses the same settlement agreement under the same circumstances would be made binding by the court. That being said a pro se litigant must not expect special treatment or assistance from the judge, court, spouse or spouse’s legal counsel during court proceedings as by he/she filing pro se he/she acknowledges that they are capable of going through the proceedings without the need for legal representation. Further, no assistance will be provided as the pro se litigant tries to limp through the civil practice procedures. 

Another strong advantage for having a divorce lawyer on your side is that divorce in itself is a very emotional situation which brings out the worst in good people. Thus by having a divorce lawyer represent you, the lawyer saves his/her client against his/her own worst impulses which could discredit them during the divorce proceedings. Further, if your objective is to use litigation as punishment for your spouse, then pro se litigation is not for you as this will show during the court proceedings. In fact, pro se filing for divorce requires the opposite – it requires spouses to be on good talking terms to ensure the process is done amicably. 

If you decide to file your divorce pro se it is wise to have a divorce lawyer in Houston, Texas review the paperwork before the proceedings start. 

Resource Box: For information regarding wage garnishment in Texas, the author recommends Busby & Associates.