Going through a divorce is tough. Hiring an attorney is common, but it’s not always mandatory. If you and your spouse are on the same page and your situation is relatively simple, you may be able to handle the process without an attorney — often called a “pro se” or self-represented divorce. In this guide, you’ll learn when it’s feasible to divorce without attorney help, what you’ll need to do, and key pitfalls to avoid.

Is It Possible to Divorce Without an Attorney?

Yes. Many states allow you to file for divorce without an attorney if you meet the requirements and your divorce is uncontested. For example:

• In California the court self-help site says: “You can get a divorce without a lawyer.” Self-Help Guide to the California Courts

• In Texas the FAQ from the state law library says you “can file for divorce without an attorney. A divorce is uncontested when both spouses agree on what they want to happen.” State Law Library+1

However — that’s only a safe path when the issues are simple (no major assets, no contested custody, little debt, both parties cooperate). If your case is complex, hiring an attorney is often wise.

When Going Without an Attorney Makes Sense

You may consider handling the divorce on your own if:

• Both you and your spouse agree that the marriage is over and want the same terms.

• You have minimal marital property or debt, or are willing to divide everything fairly.

• There are no (or minimal) children under 18, and no major custody/support battles.

• You live in a state or county where self-help divorce resources and forms are available.

• You’re comfortable following court rules, preparing and filing forms, and attending court hearings if needed.

If any of the following apply, you may want legal help: contested custody, substantial assets (business, real estate, retirement), domestic violence, or one spouse refusing to cooperate.

Step-by-Step: How to Divorce Without an Attorney

Below is a general roadmap. Your state and county will have specific rules and forms — always check locally.

1. Check eligibility and residency

• Confirm one spouse meets the residency requirement in your state or county. For example in Texas: one spouse must have lived in Texas at least 6 months and in the county at least 90 days. AI Lawyer+1

• Ensure both spouses are willing to move forward and agree on major issues.

  
  

2. Decide on key issues and document agreement

• List all issues: property & debt division, spousal support, child custody/visitation, child support, name changes, etc.

• If you can reach an agreement on all of these, your path will be much smoother. For example in Florida a “Simplified Dissolution of Marriage” is allowed when both spouses agree fully and no dependent children are involved. State of Florida+1

• Draft a settlement agreement (or separation agreement) that memorializes all those terms.

  
  

3. Get the correct forms and fill them out

• Visit your court’s or state’s self-help website. In California the self-help guide lists forms and instructions. Self-Help Guide to the California Courts

• Complete the petition or complaint for dissolution, the financial disclosure (if required), custody/visitation forms (if children), property division forms, etc.

• Make sure both you and your spouse sign/complete each required form.

  
  

4. File the paperwork with the court

• Submit the forms along with the filing fee (or application to waive fee if you cannot pay). For example: Texas offers indefinite sets of forms for uncontested divorces. Texas Courts

• Ensure the court clerk stamps your forms and you obtain a file-stamped copy.

  
  

5. Serve the other spouse (if required)

• Many states require the spouse not filing to be formally “served” with the petition or a waiver to be filed. For example North Carolina requires service or proof. North Carolina Courts

• If both parties signed a waiver of service, service may not be required or simplified.

  
  

6. Attend any required waiting period/hearing

• Some states impose a waiting period before finalizing the divorce (e.g., Texas has a 60-day waiting period after filing). AI Lawyer

• There may be a short court hearing to confirm the settlement and ensure you understand the terms.

  
  

7. Finalize and obtain your decree

• Once everything is approved by the court, a Final Decree of Divorce (or Judgment) is entered and your marriage is legally ended. For example an article about Florida shows the process. Hernandez Law Firm, P.L.L.C.

• Obtain certified copies of the decree for your records, name changes, property transfers, insurance, etc.

  
  

8. Take post-divorce action

• Update your documents: will/trust, beneficiary forms, insurance, retirement plans.

• Update your name (if you changed it) with Social Security, DMV, passport.

• Comply with the terms of your agreement (support, custody schedule, division of property).

• Keep safe files of all final paperwork and forms.

  
  

Common Mistakes to Avoid

• Skipping service or incorrect service methods. That can invalidate the court’s jurisdiction or delay the case.

• Not fully disclosing assets and debts. Hidden property can lead to later trouble or a judge reopening the case.

• Using generic forms without verifying state/county requirements. Forms, fees and rules vary by jurisdiction.

• Assuming you don’t need legal advice. Even in “simple” cases a small mistake can cost time or money.

• Going without agreement when issues are contested. If you and your spouse disagree on major terms, self-representation is risky.

• Forgetting to enforce/monitor the decree after filing. A final decree doesn’t end your obligations; you must comply and enforce.

  
  

When You Should Definitely Hire an Attorney

You should strongly consider legal representation if:

• You or your spouse requests spousal support or alimony.

• There are children from the marriage and the custody/visitation or support is contested.

• You have high-value or complex assets (real estate, business, retirement accounts, stock options).

• There is domestic violence, substance abuse, or one spouse is uncooperative.

• The divorce involves multiple jurisdictions or foreign assets/spouses.

• You prefer someone to handle the process for you and minimize stress/risk.

  
  

Final Word: Empowered but Aware

Divorcing without an attorney is absolutely doable in the right circumstances. It can save significant money, reduce stress and give you control of the process. But it demands responsibility: thorough preparation, honest disclosure, and agreement from both spouses.

Use this guide as your framework — check your local court’s resources, obtain the correct forms and deadlines, and carefully document every step. If at any point you find yourself unsure or facing complexity, reaching out to a family-law attorney for a consultation may provide invaluable guidance.

At Divorce.com, we’re here to help you navigate the journey. You don’t have to go it alone — but you can take informed control of your future.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by state and local jurisdiction. Always consult a licensed attorney in your area for advice specific to your situation.