How to File for Divorce Without a Lawyer: Step-by-Step
BestParalegals is not a law firm and does not provide legal advice. Information here is general and may not apply to your situation or state. For legal advice, consult a licensed attorney.
Many people handle an uncontested divorce, where both spouses agree on everything, without hiring a lawyer. Rules and forms are set by each state, so start with your state court's self-help website. This is general information, not legal advice.
When DIY usually works
- You and your spouse agree on property, debts, support and children.
- No domestic violence and no hidden assets.
- No complex retirement, business or real estate issues.
The usual steps
- Check residency rules: most states require one spouse to have lived there for a set time.
- Get the forms from your state or county court self-help center (for example California Courts Self-Help).
- File the petition and pay the filing fee, or ask for a fee waiver if you qualify.
- Serve your spouse following your state's rules.
- Exchange financial disclosures if your state requires them.
- Sign a settlement agreement and any parenting plan.
- Finalize: some states require a waiting period or a short hearing.
Low-cost help
A paralegal or legal document preparer can prepare forms at your direction, which can be cheaper than a lawyer (see divorce paralegals and paralegal fees). If you and your spouse disagree, or children or significant assets are involved, talk to a family lawyer.
Keep reading: How to Avoid Probate; Estate Planning Checklist; How to Make a Will Without a Lawyer.
Frequently asked questions
When does a DIY divorce usually work?
You and your spouse agree on property, debts, support and children; No domestic violence and no hidden assets; No complex retirement, business or real estate issues.
What are the steps to file for divorce without a lawyer?
Check residency rules: most states require one spouse to have lived there for a set time; Get the forms from your state or county court self-help center (for example California Courts Self-Help); File the petition and pay the filing fee, or ask for a fee waiver if you qualify; Serve your spouse following your state's rules.
Where can I get low-cost help with divorce paperwork?
A paralegal or legal document preparer can prepare forms at your direction, which can be cheaper than a lawyer (see divorce paralegals and paralegal fees). If you and your spouse disagree, or children or significant assets are involved, talk to a family lawyer.
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