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.
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.