As I walk in courtrooms around East Texas I look at the docket sheet (the list of cases for that day) and I see ever more East Texans without an attorney by their name. They are representing themselves and it’s called “pro se.” It is not that pro se litigants can’t do well for themselves; it’s just that they often don’t. And it’s a shame, because in many cases they are scared off by high attorney fees when they have an uncontested matter that could benefit greatly from a family lawyer in Tyler, Texas and at a relatively low cost to them.
Why Many East Texas Divorce and Custody Cases Are Handled “Pro Se”
At TLC Law, we handle the complex and the messy, but also the run-of-the-mill cases that are not fought over. It’s these run-of-the-mill cases that pro se’s often handle and still screw up. This is because of two main reasons, in my experience: first, pro se’s know what they want—in normally every day lingo—but they don’t know how to write it down like an attorney, and second, they don’t know how to account for bumps that could occur down the road.
The Problem With DIY Divorce and Custody Paperwork
Proper drafting is important but often overlooked or misunderstood by pro se’s. This is not helped when the forms they use are meant for the simplest cases, when the legal terms used are misleading to people, and when people fail to understand that a vague order is essentially no order at all.
If you are considering handling your own case, it is worth at least speaking with a Tyler family law attorney before filing paperwork with the court. Many uncontested matters can be handled efficiently and affordably with the right legal guidance.
Understanding Conservatorship in Texas Child Custody Cases
For example, many people say they want sole custody. In a Suit Affecting the Parent-Child Relationship (SAPCR), this is relatively rare and quite misleading. Sole conservatorship, as it’s called, is where one parent makes all the parenting decisions (other than the normal caregiving), like consenting to medical treatment and picking the school.
But even joint conservators (called joint managing conservators) don’t typically have all the same rights; usually just one joint managing conservator picks the school for instance or designates the “primary residence.” Once I explain this to clients, they usually agree that even if they wanted to be “sole” they are fine with the other parent making some decisions; they just wanted to designate the school.
Common Mistakes in Uncontested Divorce Agreements
In divorce cases many people know what they want, in the here-and-now, but they overlook problems that could occur down the road. A common example is where a spouse is awarded the house but is not required to take the other spouse’s name off the house note. When the spouse in the house doesn’t pay on the note, this affects the credit of the other spouse and often prevents them from getting their own financing.
Why Even “Simple” Divorce and Custody Cases Benefit From a Lawyer
Family law lawyers in Tyler and the surrounding East Texas communities can be of great benefit to even the “simple” divorce clients and the “low drama” custody clients. A family law lawyer can make an uncontested divorce smooth and create orders that will stand the test of time.
If you are dealing with an uncontested divorce or custody matter in Tyler, Smith County, or elsewhere in East Texas, the right legal guidance can help ensure your agreement is clear, enforceable, and built to avoid problems down the road.