Individuals seeking a divorce do not always have the resources to retain an attorney. Resources exist through which you can pursue a divorce on your own without legal representation. Additionally, you have the right to represent yourself in a divorce case provided the presiding judge finds you reasonably competent to do so. You have to possess the basic ability to understand the process and the applicable law associated with your divorce case.
Step 1
Access the self-help center of the court clerk in the county in which you reside. Most court clerks maintain self-help resources for people seeking to file and pursue a divorce without a lawyer. These resources are available through the clerk's office or through an online website.
Step 2
Utilize the self-help resources maintained by the state judicial system for men and women pursuing divorces without legal representation. A significant number of state judicial systems maintain these self-help resources for a person desiring a divorce online.
Step 3
Obtain the basic forms necessary to initiate a divorce case. The standard forms required in most states to initiate a divorce include: a petition for divorce, or complaint for divorce; motion for temporary orders, which are orders in place during divorce proceedings, and a financial affidavit, information about your assets and debts. These forms are available through the court clerk's office.
Step 4
Using the instructions and guidelines provided by the court clerk, complete the forms obtained from the court clerk.
Step 5
File the petition or complaint with the court clerk, which initiates the divorce proceedings.
Step 6
Obtain an entry of appearance form from the court clerk. The entry or appearance form is a document that advises the court that you intend to represent yourself without an attorney.
Step 7
Attempt a settlement of your case with your spouse. Ideally, you and your spouse can reach a settlement in your case if you are not represented by an attorney. If you can resolve issues between the two of you, summarize those negotiations using a settlement agreement form, also available through the court clerk or the court's self-help center.
Step 8
Schedule a trial if you cannot settle the case. The administrative assistant to the judge schedules trials and other hearings.
Step 9
Attend the trial and any other hearings scheduled by the court. Present evidence and arguments in support of your position in regard to the various matters at issue in your divorce case. At the conclusion of these proceedings, the judge issues a divorce decree.
Tips and Warnings
- Divorce law and procedure are complicated legal matters. Local and state bar associations maintain directories of attorneys in different practice areas, including divorce law. Additionally, these organizations can refer you to legal aid organizations and law school legal clinics that provide low -and no-cost legal representation. Contact information for these organizations is available through the American Bar Association at: American Bar Association 321 N. Clark St. Chicago, IL 60654-7598 312-988-5000 abanet.org
- Keep in mind that although you do not have legal training, the court will expect you to follow the law and applicable procedures in representing yourself in a divorce case. Although a judge may allow you some leeway, technically the court holds you to the same general standards of an attorney when it comes to complying with the law and orders of the court in your divorce case. Recurring deviations from these requirements can result in the dismissal of your case.
Things You'll Need
- Petition for divorce
References
- New Hampshire Judicial Branch: Self Help Divorce Center
- California Courts Self Help Center: Divorce, Legal Separation & Annulment
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
