There is nothing preventing you from representing yourself in any legal process, including a divorce. While using an attorney to handle your divorce is almost always in your best interests, some people are unable or unwilling to hire one. When you represent yourself in court you are known as a "pro se" litigant, someone who is without a lawyer. Though the court cannot grant you special privileges when you represent yourself, you can get a divorce as long as you follow all the legally required procedures set by your state.
Step 1
Coordinate with your spouse. You don't need your spouse's permission to file for divorce, but it will be very difficult for you to take your divorce through the trial process required if you and your spouse cannot agree on the terms. Make sure you and your spouse agree to everything, including property separations, child custody and parenting time arrangements and alimony, if any.
Step 2
Call your local county courthouse. Divorces require a lot of paperwork, and the best way to get what you need is by contacting the civil court clerk's office in your local county courthouse. Many courthouses offer pro se litigants information packets containing the correct forms, self-help coordinators or other services. If there is a law library at the courthouse, you can often talk to the librarians about how to find the correct forms as well.
Step 3
Ask for a copy of an old divorce. If there are no self-help documents available to you, you can ask the clerk for a copy of a completed divorce case, preferably one filed recently. These are public records and they will probably have all the required documents you need for your case, unless the law has since changed. You can copy these documents and then use them as your template.
Step 4
Review the documents. Divorce documents can seem like they are written in a foreign language. Review them thoroughly and mark any sections you don't understand. Research these sections online or go to the courthouse law library. You can also contact a legal aid organization in your area for assistance.
Step 5
Add your information. Once you know what the documents contain, you can add your case specific information where needed, such as your name, the names of your children, contact information and details of your proposed divorce settlement terms.
Step 6
File your divorce papers. Once you've completed your documents you must file them with the court clerk's office. You must also pay a filing fee, though if you cannot afford it you can ask for a fee waiver.
Upon filing, the clerk assigns your case a case number and, usually, a hearing date. You may not have to attend a hearing depending on what state you live in and whether or not you have an uncontested divorce.
Step 7
Attend the hearing. If you are assigned a hearing date, you must attend and ask the judge to grant your divorce.
Step 8
Get the divorce decree. Whether you attend a hearing or not, your divorce is not finalized until the judge issues a decree. You usually get this through the mail once your hearing is completed. If you don't receive it, contact the clerk;s office and tell them you never received your divorce decree.
Tips and Warnings
- You don't have to file for divorce without receiving any help at all. States offer legal aid services to pro se and indigent litigants. Contact your local or state bar association for information about legal aid services in your area that can help you prepare your divorce documents.
- Make sure you meet the state residency and grounds requirements. Each state has its own laws governing who can file for divorce. You cannot get a divorce in your state unless you meet both the minimum residency time period and base the divorce on legally allowable reasons, known as grounds.
Things You'll Need
- Divorce petition or complaint
