Can You Get a Divorce Without a Lawyer? (2025)

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.

For couples in a domestic partnership, the process is often similar to a divorce, but it may involve additional considerations based on state laws. For example, states like California offer specific procedures for dissolving domestic partnerships, which may differ slightly from standard divorce processes.

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.

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.