Divorce Without a Lawyer

Some couples can complete divorce without hiring a lawyer, especially in uncontested cases with no children or major assets. This is often called "pro se divorce." While cheaper, risks include mistakes in filing, missed deadlines, or agreements that harm your rights. Many states provide self-help forms and online filing systems.

When Pro Se Divorce Makes Sense

Ideal Scenarios for Self-Representation

  • ✓Uncontested divorce: Both spouses agree on all major issues
  • ✓No minor children: No custody or child support issues
  • ✓Few assets: Limited property, savings, or retirement accounts
  • ✓Short marriage: Married less than 5 years with minimal shared finances
  • ✓No spousal support: Neither party seeking alimony
  • ✓Minimal debt: Few shared credit cards or loans

Pros and Cons

Advantages

  • •
    Cost Savings: Save thousands in attorney fees
  • •
    Control: You make all decisions about your case
  • •
    Privacy: Handle personal matters privately
  • •
    Faster Process: No waiting for attorney schedules
  • •
    Flexibility: Work at your own pace

Risks

  • •
    Filing Mistakes: Errors can delay or derail your case
  • •
    Missed Deadlines: Court deadlines are strictly enforced
  • •
    Unfair Agreements: May unknowingly agree to harmful terms
  • •
    Hidden Assets: May miss important financial information
  • •
    Complex Laws: Difficulty understanding legal requirements

Step-by-Step Process

Step 1: Research Your State's Requirements

  • • Check residency requirements (usually 6 months to 1 year)
  • • Learn about mandatory waiting periods
  • • Understand your state's property division laws
  • • Review required forms and documents

Step 2: Gather Required Documents

  • • Marriage certificate
  • • Birth certificates for children
  • • Financial records (bank statements, tax returns)
  • • Property deeds and titles
  • • Debt statements and credit reports

Step 3: Complete and File Forms

  • • Petition for dissolution of marriage
  • • Financial affidavit or disclosure
  • • Settlement agreement (if uncontested)
  • • Pay filing fees (usually $200-$400)

Step 4: Serve Your Spouse

  • • Have spouse sign acknowledgment of service, or
  • • Hire a process server or sheriff
  • • File proof of service with the court
  • • Wait for response period to expire

Step 5: Finalize the Divorce

  • • Attend court hearing if required
  • • Present final paperwork to judge
  • • Receive signed divorce decree
  • • Update records and accounts

Resources and Tools

State Court Websites

Most state court systems provide:

  • • Self-help divorce forms
  • • Step-by-step instructions
  • • Filing fee information
  • • Local court rules
  • • Online filing portals

Online Services

Document preparation services offer:

  • • Form completion assistance
  • • Document review services
  • • Filing instructions
  • • Customer support
  • • Money-back guarantees

When to Consult a Lawyer

Even in simple cases, consider getting legal advice if:

  • • You're unsure about your rights
  • • Your spouse has hired an attorney
  • • You discover hidden assets or income
  • • Your spouse becomes uncooperative
  • • You have concerns about child custody
  • • The paperwork becomes overwhelming
  • • You're offered an agreement that seems unfair

Tips for Success

  • Take your time to understand all forms and requirements
  • Make copies of everything you file
  • Keep detailed records of all court communications
  • Attend all court hearings and be punctual
  • Dress professionally for court appearances
  • Consider consulting an attorney for a one-time review
  • Use court self-help resources and workshops
  • Stay organized with a filing system

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Self-representation carries risks. Please consider consulting with a qualified attorney for advice specific to your circumstances. See our Legal Disclaimer andAdvice Disclaimer for more information.