How to File for Divorce Without a Lawyer: Step-by-Step

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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.

Quick answer: 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.

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

The usual steps

  1. Check residency rules: most states require one spouse to have lived there for a set time.
  2. Get the forms from your state or county court self-help center (for example California Courts Self-Help).
  3. File the petition and pay the filing fee, or ask for a fee waiver if you qualify.
  4. Serve your spouse following your state's rules.
  5. Exchange financial disclosures if your state requires them.
  6. Sign a settlement agreement and any parenting plan.
  7. 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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