Divorce can be a stressful and expensive process, especially once you factor in legal fees. If you’re concerned about the cost of professional representation, you may wonder how to get a divorce without a lawyer.
This guide explains the process of a do-it-yourself divorce and offers insight into why dissolving your marriage without legal representation could cost you in the end.
How to Get a Divorce Without a Lawyer: A Step by Step Guide
If you want to know how to get a divorce without a lawyer, these are the steps you need to take.
1. Decide Where to File for Divorce
States have residency requirements you must meet before you can file for divorce there. Typically, you and your spouse must have lived in the state for a period of time–such as for six months–before the court will allow you to file for divorce.
You usually also have to file for divorce in the county or parish where you and/or your spouse reside. So, you need to research which court is appropriate for your case.
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2. Learn the Requirements for Divorce in the Relevant State
There are additional requirements for filing for divorce in different states, beyond just being a resident. You may need to have lived apart for a period of time, for example. And while every state has no-fault divorce, some states allow for other grounds or reasons for divorce as well.
Some states recognize covenant marriages. If you entered into a covenant marriage, there may be additional requirements you have to fulfill, such as getting marital counseling first or proving something went wrong, before you can file for divorce.
3. Work With Your Spouse to Come to an Out-of-Court Agreement
Divorces can be contested or uncontested.
In a contested divorce, you go to court and argue for your preferred outcome. It is possible to represent yourself in court in a contested divorce, but things are much more complicated. That’s because you need to know what evidence to present in a court hearing, how to present that evidence so it’s admissible and is convincing and what legal arguments you can and cannot make.
An uncontested divorce is simpler and requires you and your spouse to agree on the reasons for divorce and on all the issues involved including how to divide custody of the kids and shared marital assets. If you are hoping for a do-it-yourself divorce, you should agree on the issues and create your own parenting plan and divorce settlement agreement to make the process as easy as possible.
4. File the Paperwork with the Court
You will need to file appropriate paperwork with the court to initiate the divorce. You’ll also need to make sure your spouse is properly notified and that you can prove they were served with divorce papers.
A substantial amount of forms and documentation must be submitted to the court in any divorce proceedings. Depending where you live, this starts with:
- A summons
- A divorce petition
- Proof of service
- Waiver of service of process
Additional forms are necessary as the divorce progresses. Your court may provide these forms online for DIY divorces, and there are also services online where you can buy a package of forms (sometimes for a flat rate). Be aware, though, that it can be complicated to figure out what paperwork you actually need to file and what information to include on it. This is one of the big reasons why it’s a good idea for most people to hire a lawyer to help them through the divorce process.
5. Complete Pre-Trial Requirements
There may be steps you need to take before you can move forward with finalizing divorce.
This could include requesting temporary orders that the court must rule on before you move forward, such as an order for temporary child support. You must also provide financial disclosures and provide information to a guardian ad litem or law guardian if you are involved in a custody dispute.
6. Go to Court
You may need to go to court to finalize your divorce, even if your divorce is an uncontested one. Be sure you come to the hearing on time and are prepared to provide evidence if you’re asking the judge to make any decisions in your case.
Why a Do-It-Yourself Divorce Could be a Bad Idea
Although it is possible to figure out how to get a divorce without a lawyer, this process can be very complicated. For example, if you don’t fulfill all of the requirements or if you file the wrong paperwork with the court, your divorce could be delayed. Likewise, if you don’t understand the rules governing property and custody division, you could end up agreeing to a settlement that’s not as favorable for you as it should be.
Ultimately, getting help from a divorce lawyer can be a far better option than a do it yourself divorce since the decisions made when dissolving your marriage will affect your finances and family situation for years to come.
Many attorneys are willing to work with you to try to make your divorce as affordable as possible, and some lawyers offer flat-fee divorces if you and your spouse have agreed on the issues. In some cases, the court may order your spouse to help cover legal fees if you have little money of your own.
So, don’t give up on the idea of hiring an attorney just because of concerns about money. If your lawyer helps you to get a divorce more quickly and with a more favorable divorce settlement, paying for professional services could be the best money you ever spent.
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Frequently Asked Questions
Can I file my own divorce papers?
You are allowed to file your own divorce papers, but you may wish to have a family law attorney help you with the process. It can be complicated to complete the court paperwork required for a divorce. And, depending whether you and your partner agree on the issues or not, you may need to be ready to present evidence in court to convince a judge to create a divorce settlement that is favorable to you.
What is a no contest divorce?
An uncontested divorce is one in which you and your spouse agree on all of the relevant issues including grounds for divorce, how you’ll divide up shared property and how you will co-parent children after your marriage ends. Uncontested divorces are simpler and cheaper than contested divorces because you don’t need a full court hearing where you present evidence to help the judge decide the issues.
How can I get a divorce with no money?
To get a divorce with no money, you can do a do-it-yourself divorce to avoid legal fees. Court filing fees do apply in most cases, but you could submit a request for a fee waiver if you can demonstrate financial hardship. You might also qualify for legal aid or volunteer lawyer services if you have little income.
You would be unable to pay for expert witnesses if needed, or for the legal advice you’d likely require to make sure the divorce goes smoothly. You may wish to try to save up some money before divorce to pay for professional advice–or may wish to see if you can get the court to order your spouse to pay your legal fees.
