Can You Get a Divorce Without a Lawyer? (2024)
Summary
- Although divorces are complex, divorce without a lawyer may be possible
- The easiest way to get a divorce without a lawyer is if it is uncontested
- You can also get a contested divorce without a lawyer, but it is risky
Divorce is a legal procedure for dissolving a marriage. However, marriages involve complex legal and financial relationships between the spouses and with third parties, like banks and mortgage companies. Before dissolution, the couple must untangle and reset many of those relationships.
For example, the couple might own a house together. In many cases, both spouses will want possession of the house, so they will hire a divorce lawyer to represent them in the property division process.
But can you get a divorce without a lawyer? Here is what you need to know about hiring legal support for a divorce.
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Uncontested vs. Contested Divorces
Divorces resolve four primary issues:
- Child custody
- Child support
- Property division
- Spousal support, also known in some states as alimony
Divorces fall into two categories based on the level of agreement on these issues by the spouses. In an uncontested divorce, the spouses agree on all four matters. In a contested divorce, they disagree on at least one of the matters.
Uncontested Cases
Can you get a divorce without a lawyer when the spouses agree? In many situations, the answer is yes. Uncontested divorces are the most common cases in which both spouses avoid the time and cost of hiring lawyers and fighting in court.
However, one or both spouses should still consider hiring a lawyer in an uncontested case in a few situations. First, if either spouse feels that the terms proposed for the settlement are unfair, they can have a lawyer review the settlement agreement and negotiate better terms.
Spouses may also consider hiring lawyers if their case involves complicated transactions and relationships. For example, suppose that the couple owns a family business or a farm. Even if they agree in principle about what should happen to it, they may need a lawyer’s help in tackling all the financial and legal issues involved in dividing it.
Additionally, a lawyer can draft the settlement agreement to comply with state law. Spouses need an enforceable agreement in case the other spouse breaks it. The spouse alleging the breach will need an agreement with valid and unambiguous terms to return to court for enforcement.
Contested Cases
When your spouse contests the case, can you get a divorce without a lawyer and still reach a favorable outcome? Legally, you can proceed with a divorce without a lawyer. If you and your spouse disagree on any of the four key issues, each of you will lay out your positions. A judge will apply the law to the facts presented and decide the outcome.
However, contesting a case without a lawyer has risks. For instance, your spouse can hire a lawyer whether or not you represent yourself. You might then face off against an experienced and skilled lawyer who is prepared to prevail on every issue.
Also, in many situations, you only get one chance to contest an issue. You must present your best arguments and present the most favorable facts in front of a judge at the hearing on that matter. This process requires a lot of work and legal knowledge.
A lawyer can advise you on your rights and which issues you can reasonably contest as well. More importantly, they can explain which issues are not worth the time, effort and expense of contesting.
How to Get a Divorce Without a Lawyer
You may be able to get a divorce without a lawyer by learning the law, working with your spouse and seeking help from the courts. A court clerk can answer procedural questions about how to get a divorce, including filing requirements. This might be the only legal assistance you need in an uncontested case.
To file for divorce without a lawyer, you will usually take the following steps:
Identify Where You Can File
Every state has residency rules for couples filing for divorce. For example, Texas residency rules only allow filing in the state when one or both spouses have lived there for at least six months. If you recently moved to Texas, you might need to file wherever your spouse lives.
Prepare the Divorce Petition
Many states have online wizards to guide petitioners in preparing their divorce petition. Some states even allow petitioners to file online. In Texas, you can file an uncontested petition online, while Illinois allows online divorce filing for both contested and uncontested cases.
Write and File the Settlement Agreement
For an uncontested case, you will prepare a settlement agreement that includes all the terms you and your spouse agreed on. You will file this document with the court.
Attend a Hearing
Many people wonder how to get a divorce immediately. Unfortunately, most states do not have immediate divorces. Couples without children can often get divorced faster than those with them because the terms of the divorce involve fewer legal interests.
After filing for a divorce, most states have a waiting period. This period gives the couple time to cool off after filing the divorce. At the end of the waiting period, the judge will review the settlement agreement and hold a final hearing before approving the divorce. In Illinois, this hearing is called a prove-up hearing.
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Contact ConsumerShield to Learn More About Filing for Divorce
ConsumerShield is committed to educating people about their rights. Whether you file your divorce on your own or decide to hire a lawyer, our educational resources can help you understand your legal position. Contact us for a free case review today.
Divorce Knowledge Base
Read the latest information on Divorce and find answers to your questions. Currently there are 14 topics about Divorce .
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Frequently Asked Questions
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Yes, you can file for divorce without a lawyer. The paperwork to file for divorce is usually available online, and most states provide online resources to guide you through the filing process. However, you might want to hire a lawyer if your spouse contests the divorce after you file it.
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Yes, spouses often avoid hiring a lawyer by filing an uncontested divorce. An uncontested divorce means the couple agrees on all issues of child custody, child support, property division and alimony. They will prepare and file a settlement agreement in court containing the terms they agreed to.
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Contesting a divorce without lawyers is complicated and risky. To contest an issue, you will need evidence to support your position and legal arguments that explain why your position is sound under the law. Importantly, you may only get one chance to contest an issue, so consider hiring a lawyer.