How to file for divorce without a lawyer
Residency, grounds, forms, fees, service and the decree, step by step, from official sources.
You don't need a lawyer to get divorced. Courts let you represent yourself, and their forms call you “self-represented” or “pro se.” This guide walks through the steps that are the same almost everywhere, using the rules in our 48 state guides.
Step 1: Check that you can file in your state
Before a court will grant a divorce, you or your spouse usually must have lived in the state for a minimum time. This is the residency requirement, and some states add a shorter rule for the county where you file. In our guides, the rule runs from no minimum time in Alaska, Hawaii, South Dakota and Washington to 2 years in New York. The most common is 6 months, in 20 states.
Many rules have exceptions, for example for military members, or when your spouse lives in the state. Compare every state in the residency requirements table.
Step 2: Choose your ground
A ground is the legal reason for the divorce. With a no-fault ground, you don't have to prove that your spouse did anything wrong; you only tell the court the marriage has broken down. The name changes from state to state: “insupportability” in Texas, “irreconcilable differences” in California and “incompatibility” in Kansas. 27 of our 48 state guides also still allow fault grounds, such as adultery or cruelty, but fault is rarely needed. A few states make you live apart before a no-fault divorce: North Carolina, South Carolina, Vermont and Virginia.
Step 3: Get the official forms
Use your state court's own forms. They are free to download, and the court's self-help pages explain how to fill them in. Don't pay a website for “divorce papers” before you have looked at the court's free versions. 45 of our state guides link straight to the court's divorce forms. Many states also have a simpler process for couples who agree on everything and have no children or few assets, for example:
- Alabama: The court's do-it-yourself Divorce Complaint (PS-08) is for couples with no minor children (and no pregnancy), no real estate, no joint debts, and personal property already divided.
Step 4: File the papers and pay the fee, or ask for a waiver
You file the papers with the clerk of the court that handles divorces in your county, in person, by mail or, in many states, online. Filing fees in our guides run from about $97 in South Dakota to $435 in California, and some counties add their own charges. See every state in the filing fees table.
If you can't afford the fee, ask the court to waive it. You fill in a form about your income and expenses, and the judge decides. 47 of our state guides name the official form or process, for example:
- California: Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver.
Step 5: Serve your spouse
Your spouse must get official notice of the case. This is called service. Usually a sheriff, a process server or another adult who is not you delivers the papers, and in many states your spouse can instead sign a form accepting service. You then file proof of service with the court. After service, your spouse has a set time to respond: in our guides, from 20 to 30 days, depending on the state and how the papers were delivered. If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.
Step 6: Wait, finish the paperwork and get the decree
Many states make you wait a minimum time before the divorce can be granted. In our guides, 21 states count a fixed period from filing or service, from 20 days in Florida and Wyoming to 6 months in California. 12 set no fixed waiting period after filing. In 15 others, the time depends on living apart, on children or on the kind of case. The waiting periods table has every state, and the timeline estimator turns a simple rule into a date.
While you wait, most courts want each spouse to share financial information, and a written agreement on property, debts, support and children if you have one. Then the judge signs the final decree, sometimes after a short hearing. The decree ends the marriage; get a certified copy and keep it. In 45 of our state guides, you can ask in the divorce to go back to a former name.
When to talk to a lawyer
Doing it yourself works best when you agree. Talk to a lawyer or a legal aid office if your spouse has a lawyer, if you disagree about the children, support or property, if there is a house, a business or a pension to divide, or if you are afraid of your spouse. Court self-help centers explain the forms, and many legal aid offices help for free; each state page lists free help.
If you are in danger, call 911. The National Domestic Violence Hotline is free and confidential, 24/7: 1-800-799-7233, or text START to 88788. Ask the court about a protective order and about keeping your address off the papers. When you are ready, the divorce checklist lists the documents and forms for your state.