A divorce can be an emotionally challenging time, and the assistance of an experienced attorney can be invaluable for getting over the legal hurdles that arise. However, divorce can also be costly, and it may be necessary to save money wherever possible. A pro se divorce is a divorce that you handle yourself without the aid of an attorney. Parties are always permitted to represent themselves pro se, and you can often handle simple divorces--such as ones that are uncontested and when no children are involved--yourself.
Step 1
Obtain a divorce petition from the appropriate state court. The state in which you were married will always have jurisdiction to handle your divorce, and your current home state may also have jurisdiction if you have lived there for a sufficient amount of time. Residency requirements vary, so consult your home state's court if you want to find out if they can handle your divorce. Most states have family courts at which divorce petitions should be filed.
Step 2
Supply your name and address and your spouse's name and address on the divorce petition. Your spouse's contact information is necessary so that the petition may be served on your spouse. Most petition forms will also have a check box if you do not know your spouse's current whereabouts. In these cases, announcing the divorce in a local publication will usually satisfy the service requirement.
Step 3
Fill in your marriage and separation dates. Your state may have requirements such as a set period of time for separation before a divorce may be granted. These requirements should be listed on the form itself or on the instructional pamphlet that accompanies the forms. If you have questions about these requirements, consult the family court with jurisdiction over your divorce.
Step 4
Provide the names and ages of your children if applicable. You must also indicate your preferences for custody. You will also need to supply your current employment information, including salary. There is a space for your spouse's information as well. The court will use all of this to determine appropriate custody and financial support.
Step 5
Submit a list of shared property, including homes, cars, investment accounts and other assets. The court will divide the property according to the laws of the state. In lieu of this list, you may also be able to provide a statement that says that you and your spouse have come to a mutually agreeable marital property division agreement.
Step 6
Select the reason for your divorce. Most states are no-fault divorce states, meaning that you do not have to state a reason for the divorce. Some states require a reason, such as adultery, abandonment or drug use, before your divorce can be granted. If you live in one of these for-fault states, an appropriate grounds for divorce can be that your marriage is "irretrievably broken," meaning that there is no specific reason for the separation other than the fact that you and your spouse are unable to remain in a marriage together. Your answer in this area may also be used in custody, support and property division decisions.
Step 7
Sign the divorce petition and return it to the state's family court. Your spouse does not need to sign or even see the divorce petition. He will have the opportunity to respond to the statements in your petition in a counterclaim that he may file separately. If a hearing is necessary, one will be scheduled by the court's clerk.
Tips and Warnings
- If your family court offers mediation services, take advantage of them. A divorce court will make decisions for you according to the state's laws, while mediation will give you and your spouse an opportunity to discuss the terms of the divorce and negotiate mutually agreeable solutions. Mediation is non-binding and may be useful in obtaining a better result and promoting greater harmony between you and your ex-spouse.
- While divorces can be handled pro se, you should seriously consider whether an attorney is necessary for your situation. Lacking an attorney, especially when your spouse has one, may mean that you get a poorer result in property division, child custody or support.
