Getting divorced doesn't always require expensive attorneys. If you and your spouse can agree on the major issues—like property division, child custody, and support—you can complete your divorce without a lawyer and save thousands of dollars in the process.

This comprehensive guide walks you through everything you need to know about divorcing without a lawyer, from determining if you qualify to filing your final paperwork with the court.

In this guide:

• When you can (and can't) divorce without a lawyer

• Step-by-step process for self-represented divorce

• State-specific filing requirements

• Cost comparison: DIY vs. traditional attorney divorce

• How online divorce services simplify the process

Can You Get Divorced Without a Lawyer?

Yes, you can legally get divorced without hiring an attorney in all 50 states. This is called a "pro se" or self-represented divorce. However, whether you should divorce without a lawyer depends on your specific circumstances.

Best Candidates for DIY Divorce

You're likely a good candidate for divorce without a lawyer if:

• You have an uncontested divorce – Both spouses agree on all major issues

• Your marriage is relatively short – Typically under 10 years

• You have limited shared assets – Minimal property, investments, or debt to divide

• You don't have minor children – Or you've already agreed on custody and support

• Neither spouse has a pension or retirement accounts – Or you understand how to divide them

• There's no domestic violence – You can communicate safely with your spouse

• Both spouses are willing participants – No one is being coerced

When You Should Hire an Attorney

Consider hiring a lawyer if:

• Your divorce is contested (you disagree on major issues)

• You have complex assets (business ownership, real estate portfolios, stock options)

• You have significant retirement accounts requiring QDRO division

• Domestic violence or abuse is present

• Your spouse has hired an attorney (consider at least consulting one)

• You have concerns about hidden assets

• Child custody is disputed or complex

Types of Divorce Without a Lawyer

1. DIY Divorce (Fully Self-Service)

In a completely DIY divorce, you handle everything yourself:

• Research your state's divorce laws

• Obtain and complete all court forms

• File paperwork with the court clerk

• Serve your spouse

• Attend court hearings

• Obtain your final decree

Pros: Lowest cost option (just filing fees)
Cons: Time-consuming, high risk of errors, no guidance

Average Cost: $300-$500 in court filing fees only

2. Online Divorce Services

Online divorce services like Divorce.com provide the paperwork and guidance while you maintain control:

• Answer questions through guided questionnaire

• Service generates state-specific forms

• Receive instructions for filing

• Some services offer filing assistance and mediation

Pros: Affordable, guided process, less room for error
Cons: Still requires some legal understanding

Average Cost: $299-$1,500 depending on service level

3. Mediated Divorce

Work with a neutral mediator to reach agreements, then file without attorneys:

• Mediator helps you negotiate terms

• You still file paperwork yourself or use online service

• More structured than pure DIY

Pros: Professional help reaching agreements
Cons: More expensive than pure DIY

Average Cost: $1,500-$5,000 for mediation sessions

4. Limited Scope Representation ("Unbundled" Legal Services)

Hire an attorney for specific tasks only:

• Attorney reviews your paperwork

• Provides legal advice on specific issues

• You handle the rest yourself

Pros: Professional guidance on complex issues
Cons: More expensive than pure DIY

Average Cost: $500-$3,000 depending on services

Step-by-Step: How to Get Divorced Without a Lawyer

Step 1: Determine Your Eligibility

Before starting the divorce process, confirm:

Residency Requirements Most states require you or your spouse to have lived in the state for a specific period (typically 6 months to 1 year) before filing.

Grounds for Divorce All states now offer "no-fault" divorce, meaning you don't need to prove wrongdoing. Common grounds include:

• Irreconcilable differences

• Irretrievable breakdown of marriage

• Incompatibility

Waiting Periods Many states have mandatory waiting periods between filing and finalization:

• No waiting period: Alaska, South Dakota, Wyoming (if no children)

• Short waiting period (30-60 days): Idaho, Nevada, Oklahoma

• Moderate waiting period (60-90 days): Most states

• Long waiting period (6+ months): California (6 months), Rhode Island (150 days if no children)

Step 2: Gather Required Information and Documents

Before starting paperwork, collect:

Personal Information:

• Full legal names and addresses

• Social Security numbers

• Date and place of marriage

• Date of separation (if applicable)

• Information about prior marriages

Financial Documents:

• Recent pay stubs and tax returns (last 2-3 years)

• Bank statements (checking, savings, investment accounts)

• Retirement account statements (401k, IRA, pension)

• Credit card statements and loan documents

• Property deeds and mortgage statements

• Vehicle titles and loan information

• Business ownership documents (if applicable)

Child-Related Information (if applicable):

• Children's full names and birthdates

• Social Security numbers

• Current custody arrangements

• Childcare costs

• Health insurance information

• School records

Step 3: Reach Agreements with Your Spouse

To proceed without a lawyer, you'll need to agree on:

Property Division

• How to divide assets (house, cars, bank accounts, retirement)

• How to allocate debts (mortgage, credit cards, loans)

• Who keeps what personal property

Spousal Support (Alimony)

• Whether support will be paid

• Amount and duration

• Conditions for modification or termination

Child Custody and Visitation (if applicable)

• Physical custody arrangement

• Legal custody (decision-making authority)

• Parenting time schedule

• Holiday and vacation schedules

• Transportation arrangements

Child Support (if applicable)

• Support amount (based on state guidelines)

• Payment schedule

• How to handle medical expenses

• Coverage of extracurricular activities

Pro Tip: Document all agreements in writing, even before filing. This makes completing forms much easier.

Step 4: Obtain the Correct Divorce Forms

Each state has specific divorce forms. You can obtain them through:

County Court Clerk's Office

• Visit in person or download from court website

• Free, but you must identify correct forms

State Court Website

• Most states provide downloadable forms

• Often includes instructions

Online Divorce Services

• Service identifies correct forms for your situation

• Generates completed forms based on your answers

• Reduces risk of using wrong forms or making errors

Legal Aid Organizations

• Free assistance for low-income individuals

• May provide forms and limited guidance

Step 5: Complete Your Divorce Paperwork

Required forms typically include:

Petition for Dissolution of Marriage The initial document that starts your divorce case. Includes:

• Basic information about spouses

• Grounds for divorce

• What you're asking the court to grant

Summons Official notice to your spouse that divorce has been filed

Financial Disclosures/Affidavits Complete disclosure of income, assets, debts, and expenses

Marital Settlement Agreement Details all agreements on property, support, custody

Parenting Plan (if you have minor children) Comprehensive custody and visitation schedule

Child Support Worksheets Calculations based on state guidelines

Additional State-Specific Forms May include affidavits, notices, certificates of completion

Critical: Forms must be completed accurately and completely. Errors can delay your divorce or result in rejection by the court.

Step 6: File Your Divorce Papers

Once your paperwork is complete:

1. Make copies – Keep copies of everything for your records

2. File with the court clerk – Bring originals to your county courthouse

3. Pay filing fee – Typically $200-$400 depending on state

4. Request fee waiver if needed – Available for low-income filers

5. Obtain case number – The clerk will assign a case number

6. Get filing-stamped copies – For serving your spouse

Step 7: Serve Your Spouse

Most states require formal service of divorce papers, even in uncontested cases:

Service Methods:

• Personal service – Process server or sheriff delivers papers

• Service by mail – Certified or registered mail (if state allows)

• Waiver of service – Spouse signs acknowledging receipt (simplest option)

• Publication – Used only if spouse cannot be located

Proof of Service The person who serves your spouse must complete an affidavit or proof of service, which you file with the court.

Step 8: Your Spouse Responds (or Doesn't)

After being served, your spouse must respond within a specific timeframe (typically 20-30 days):

If Your Spouse Agrees:

• They file a response agreeing to the divorce terms

• Or they waive their right to respond

• You can proceed to finalization

If Your Spouse Doesn't Respond:

• You may be able to proceed with a "default" divorce

• The court may grant everything you requested

If Your Spouse Contests:

• They file a response disputing terms

• You'll need to negotiate or attend hearings

• Consider hiring an attorney at this point

Step 9: Complete Mandatory Requirements

Many states require additional steps:

Waiting Period Most states have a mandatory waiting period between filing and finalization (see state requirements)

Parent Education Class If you have minor children, many states require completing a parenting class:

• Usually 2-4 hours, online or in-person

• Covers co-parenting, child adjustment to divorce

• Both parents typically required to complete

Financial Disclosures Exchange complete financial information with your spouse

• Ensures transparency in property division

• Required even in uncontested cases

Step 10: Attend Court Hearing (If Required)

Some states require a brief court appearance, even for uncontested divorces:

What to Expect:

• Hearing typically lasts 15-30 minutes

• Judge reviews your agreement

• You answer basic questions under oath

• Judge signs final decree

Preparation Tips:

• Arrive early, dress professionally

• Bring all documents and ID

• Review your settlement agreement beforehand

• Be prepared to explain why divorce is appropriate

Some states don't require a hearing if your divorce is uncontested and paperwork is in order.

Step 11: Obtain Your Final Divorce Decree

After the waiting period and any required hearing:

Final Decree of Divorce

• Official court order ending your marriage

• Outlines all terms (property, support, custody)

• Legally binding on both parties

Obtaining Certified Copies:

• Request multiple certified copies from the clerk

• You'll need them for name changes, property transfers, etc.

• Usually costs $5-$25 per certified copy

Post-Divorce Tasks:

• Change name on ID, Social Security card, bank accounts

• Update beneficiaries on insurance, retirement accounts

• Transfer property titles and deeds

• Update estate planning documents

State-by-State Divorce Requirements

Residency Requirements by State

Most states require you or your spouse to have lived in the state for a specific period (typically 6 months to 1 year) before filing.

• Alabama - 6 months

• Alaska - None (if married in Alaska)

• Arizona - 90 days

• Arkansas - 60 days

• California - 6 months

• Colorado - 91 days

• Connecticut - 12 months

• Delaware - 6 months

• Florida - 6 months

• Georgia - 6 months

• Hawaii - 6 months

• Idaho - 6 weeks

• Illinois - 90 days

• Indiana - 6 months

• Iowa - 1 year

• Kansas - 60 days

• Kentucky - 180 days

• Louisiana - 6 months

• Maine - 6 months

• Maryland - 1 year

• Massachusetts - 1 year

• Michigan - 6 months

• Minnesota - 180 days

• Mississippi - 6 months

• Missouri - 90 days

• Montana - 90 days

• Nebraska - 1 year

• Nevada - 6 weeks

• New Hampshire - 1 year

• New Jersey - 1 year

• New Mexico - 6 months

• New York - 1 year

• North Carolina - 6 months

• North Dakota - 6 months

• Ohio - 6 months

• Oklahoma - 6 months

• Oregon - 6 months

• Pennsylvania - 6 months

• Rhode Island - 1 year

• South Carolina - 1 year

• South Dakota - None

• Tennessee - 6 months

• Texas - 6 months

• Utah - 3 months

• Vermont - 6 months

• Virginia - 6 months

• Washington - None (at time of filing)

• Washington D.C. - 6 months

• West Virginia - 1 year

• Wisconsin - 6 months

• Wyoming - 60 days

How Much Does It Cost to Divorce Without a Lawyer?

DIY Divorce Costs

Court Filing Fees: $150-$500

• Varies by state and county

• Alabama: $200-$300

• California: $435

• New York: $335

• Texas: $250-$350

Service of Process: $30-$100

• Sheriff or process server fees

• Can be waived if spouse signs waiver

Parenting Class: $30-$75

• Required in many states with children

• Usually online option available

Document Copies: $20-$50

• Certified copies of final decree

• Additional copies as needed

Total DIY Cost: $200-$725

Online Divorce Service Costs

Divorce.com Pricing:

• Paperwork Only: $299 (you handle filing)

• We File For You: $349 (includes filing assistance and service)

• Fully Guided Divorce: $1,499 (includes mediation sessions)

Competitor Pricing:

• Basic packages: $139-$300

• Full-service packages: $500-$1,500

Traditional Attorney Divorce Costs

Uncontested Divorce with Attorney: $1,500-$5,000 Contested Divorce: $15,000-$50,000+

Attorney Hourly Rates:

• Small town/rural: $150-$250/hour

• Mid-size city: $250-$350/hour

• Major metropolitan: $350-$600/hour

Savings: By divorcing without a lawyer, couples typically save $1,200-$49,500 compared to hiring attorneys.

Benefits of Using an Online Divorce Service

While you can complete a DIY divorce entirely on your own, online divorce services offer significant advantages:

1. Ensures You Use Correct Forms

• Each state has different forms and requirements

• Forms change periodically

• Online services stay updated with current requirements

• Reduces risk of using outdated or incorrect forms

2. Reduces Errors

• Guided questionnaire ensures completeness

• Built-in validation catches common mistakes

• Proper formatting and signatures

• Reduces court rejections due to errors

3. Saves Time

• No researching which forms you need

• No trips to courthouse for forms

• No figuring out how to complete complex legal documents

• Get paperwork in as little as 2 business days

4. Provides State-Specific Instructions

• Clear filing instructions for your county

• Service of process guidance

• What to expect at hearings

• Post-divorce checklist

5. Offers Support

• Access to customer service

• Help understanding questions

• Some services offer mediation assistance

• Legal document review options

6. Costs Less Than Attorneys

• Fraction of attorney fees

• Transparent, upfront pricing

• No surprise hourly charges

• Often includes filing assistance

How Divorce.com Simplifies DIY Divorce

Divorce.com is specifically designed to make divorce without a lawyer simple and affordable:

Smart Questionnaire

Answer easy questions about your situation in plain English:

• No legal jargon to decipher

• Questions adapt based on your answers

• Guidance provided throughout

• Save and return anytime

State-Specific Forms

Automatically generates correct forms for your state and county:

• Always up-to-date with current requirements

• Properly formatted and compliant

• Ready to print and file

• Includes all required supporting documents

Three Service Levels

1. Paperwork Only - $299

• Complete divorce forms generated

• Filing instructions included

• You handle filing with court

• Best for: Simple cases, budget-conscious couples

2. We File For You - $349

• Everything in Paperwork Only

• We handle court filing process

• Service of process assistance

• Form review for completeness

• Best for: Most couples wanting convenience

3. Fully Guided Divorce - $1,499

• Everything in We File For You

• Dedicated Case Manager

• Professional mediation sessions

• Help reaching agreements

• Additional expert services available

• Best for: Couples needing help with agreements

Additional Benefits

• Money-back guarantee if your forms are rejected

• Customer support via phone and email

• Works in all 50 states and 5 Canadian provinces

• Compliance with court requirements

• Secure document storage

[Get Started with Divorce.com →]

Common Mistakes to Avoid

1. Using Incorrect or Outdated Forms

Problem: Court rejects filing, causing delays
Solution: Use online service or verify forms are current

2. Incomplete Financial Disclosure

Problem: Court may reject agreement or order full disclosure later
Solution: Disclose all assets, debts, income completely and honestly

3. Improper Service of Process

Problem: Divorce cannot proceed without proper service
Solution: Follow your state's service requirements exactly

4. Not Understanding Child Support Guidelines

Problem: Agreement may not be approved by court
Solution: Calculate support using state's official guidelines

5. Vague Custody or Parenting Time Language

Problem: Leads to conflicts and return to court
Solution: Be specific about schedules, holidays, decision-making

6. Forgetting Tax Implications

Problem: Unexpected tax consequences on property division or support
Solution: Consult with tax professional on major asset divisions

7. Not Getting Court Approval

Problem: Agreement isn't legally binding without final decree
Solution: Complete all steps through final decree issuance

8. Rushing the Process

Problem: Overlook important details or make poor decisions
Solution: Take time to understand agreements and implications

Frequently Asked Questions

Can I get divorced without my spouse's consent?

Yes. If your spouse doesn't respond to divorce papers within the required timeframe, you can proceed with a default divorce. However, this requires proper service of process and following specific procedures.

How long does it take to divorce without a lawyer?

Timeframe varies by state:

• Minimum: 30-60 days in states with short waiting periods

• Average: 2-6 months for uncontested divorce

• Maximum: Up to 6+ months in states like California with 6-month waiting period

The process moves faster when both spouses cooperate and paperwork is completed correctly.

Do I need to go to court if I divorce without a lawyer?

It depends on your state. Some states require a brief hearing even for uncontested divorces, while others don't require court appearance if your paperwork is in order. Check your state's specific requirements.

Can I use an online divorce service if I have children?

Yes. Online divorce services like Divorce.com handle divorces with children, including:

• Parenting plans and custody schedules

• Child support calculations

• Decision-making authority

• Holiday and vacation schedules

You'll need to have agreements in place with your spouse on custody arrangements.

What if we disagree on some issues?

If you disagree on major issues, you have several options:

• Work with a mediator to reach agreements (some online services offer this)

• Try collaborative divorce process

• Consider limited scope attorney representation for specific issues

• If unable to agree, you may need full attorney representation

Many online services, including Divorce.com, offer mediation to help resolve disagreements.

Is an online divorce legal?

Yes. Online divorce services prepare the same legal documents you would file if you did it completely yourself or hired an attorney. The difference is the service helps you complete forms correctly. The divorce is finalized through your state's court system just like any other divorce.

Can I change my settlement agreement after it's filed?

Before the judge signs your final decree, you can usually amend your agreement by filing updated documents. After the final decree is signed, modifications typically require:

• Agreement from both parties, or

• Filing a motion to modify with the court

• Showing significant change in circumstances

What if I can't afford the filing fee?

Most courts allow low-income individuals to request a fee waiver. You'll need to:

• Complete a fee waiver application

• Provide proof of income

• Demonstrate financial hardship

• File waiver request with the court

If approved, filing fees (and sometimes service costs) are waived.

Do I need a separation agreement before divorce?

Requirements vary by state:

• Some states require formal separation period

• Others allow immediate filing for divorce

• Separation agreements can be incorporated into divorce decree

• Not required in no-fault divorce states

Check your state's specific requirements.

How do I handle retirement accounts and pensions?

Dividing retirement accounts requires:

• Qualified Domestic Relations Order (QDRO) for 401(k)s

• Special paperwork for pensions

• Understanding tax implications

• Often requires attorney or QDRO specialist

This is one area where limited scope legal help may be beneficial.

Can I get divorced online if I live in a different state than my spouse?

Generally, yes, as long as:

• You meet your state's residency requirements

• You properly serve your spouse

• Your spouse responds or defaults

Some states have specific requirements for out-of-state spouses.

What's the difference between legal separation and divorce?

Legal Separation:

• You're still legally married

• Cannot remarry

• May still have some benefits (health insurance, tax filing)

• Easier to reconcile

Divorce:

• Marriage is completely dissolved

• Free to remarry

• No longer legally connected (except through children)

• More final

Some people choose legal separation for religious or financial reasons.

Next Steps: Start Your Divorce Without a Lawyer

Ready to begin your divorce without the expense of attorneys? Here's how to get started:

Option 1: Complete DIY Approach

1. Research your state's specific requirements

2. Obtain forms from court website or clerk's office

3. Complete all paperwork carefully

4. File with your county court

5. Serve your spouse

6. Complete all required steps

7. Attend hearing if required

8. Obtain final decree

Best for: Very simple cases with no assets or children

Option 2: Use an Online Divorce Service (Recommended)

1. Choose your service level on Divorce.com

2. Complete the guided questionnaire (30-45 minutes)

3. Review your generated forms

4. File with court (or we file for you)

5. Follow provided instructions for next steps

6. Obtain your final decree

Best for: Most couples seeking affordable, guided divorce

Get Started with Divorce.com

• Answer a few questions about your situation

• Get customized divorce forms for your state

• Receive step-by-step filing instructions

• Access support throughout the process

Starting at just $499 – save thousands compared to hiring attorneys

Start Your Divorce Today →

Conclusion

Divorcing without a lawyer is not only possible but increasingly common. With proper preparation, clear agreements, and the right resources, you can successfully navigate the divorce process and save thousands of dollars in attorney fees.

Whether you choose a complete DIY approach or use an online divorce service like Divorce.com, the key is understanding your state's requirements, maintaining open communication with your spouse, and completing all paperwork accurately.

The money you save by divorcing without a lawyer can be better spent building your new life, supporting your children's needs, or securing your financial future.

Remember: While you can divorce without a lawyer, you shouldn't hesitate to seek legal advice if issues become complex or contested. Limited scope representation allows you to get professional help on specific issues while still maintaining control and keeping costs down.

Ready to begin your affordable divorce journey? Divorce.com is here to guide you every step of the way.