How to File for Divorce Without a Lawyer
State-by-state guides for filing divorce without an attorney. Learn requirements, forms, costs, and step-by-step procedures to save thousands in legal fees.
Can You File for Divorce Without a Lawyer?
Yes! In all 50 states, you have the right to represent yourself in divorce proceedings, known as filing "pro se." While not suitable for every situation, DIY divorce can save you $3,000-$30,000+ in attorney fees for uncontested cases.
Good Candidates for DIY Divorce:
- Both spouses agree to divorce and all terms
- No minor children, or complete agreement on custody
- Limited assets and debts
- No spousal support disputes
- No domestic violence issues
Consider Hiring a Lawyer If:
- Disputed child custody or visitation
- Complex assets (businesses, multiple properties)
- Spouse has hired an attorney
- History of domestic violence
- Spouse is hiding assets
DIY Divorce Guides by State
Select your state below for a comprehensive step-by-step guide to filing for divorce without a lawyer, including residency requirements, required forms, costs, and filing procedures.
General DIY Divorce Process
While each state has unique requirements, the general DIY divorce process follows these steps:
- Verify Residency: Ensure you meet your state's residency requirements
- Gather Documents: Collect marriage certificate, financial records, asset information
- Complete Forms: Fill out your state's divorce petition and required forms
- File Petition: Submit forms to court and pay filing fee ($150-$450)
- Serve Spouse: Legally notify your spouse of the divorce
- Wait Period: Most states require 30-180 day waiting period
- Negotiate Settlement: Agree on property division, custody, support
- Finalize Decree: Submit final decree to court for approval
- Receive Judgment: Court issues final divorce decree
How Much Does DIY Divorce Cost?
DIY divorce costs vary by state but typically include:
- Filing fees: $150-$450 (varies by state and county)
- Service of process: $50-$100
- Document preparation: $0-$300 (if using online service)
- Copying and notary: $25-$100
Total DIY cost: $225-$950 vs. $3,000-$30,000+ with attorney
Frequently Asked Questions
Is DIY divorce legal in all states?
Yes, all 50 states allow self-representation in divorce cases. However, the complexity of forms and procedures varies significantly by state.
How long does a DIY divorce take?
Most DIY divorces take 2-12 months depending on your state's waiting period and court schedules. Contested issues can extend the timeline significantly.
Can I use DIY divorce if we have children?
Yes, but you must agree on custody, visitation, and child support. If you disagree on these issues, consult an attorney to protect your children's interests.
What if my spouse won't cooperate?
If your spouse refuses to sign papers or cooperate, your divorce becomes contested and you should strongly consider hiring an attorney.
Can I get help with DIY divorce?
Yes! Many courts offer self-help centers with free assistance. You can also use limited scope representation where an attorney helps with specific tasks at lower cost.
Need Legal Guidance?
While DIY divorce can save money, complex situations benefit from professional advice. Many attorneys offer free consultations.
Find Divorce Lawyers by State