Ending a marriage doesn't always require expensive attorneys or lengthy court battles. If you and your spouse agree on all major issues, you can file for an uncontested divorce and handle the paperwork yourself—saving time and money. This guide walks you through the step-by-step process of completing a DIY divorce in the United States.
What Is a DIY Divorce?
A do-it-yourself (DIY) divorce means you and your spouse prepare and file all necessary divorce paperwork without hiring a lawyer. This approach is most effective for uncontested divorces, where both parties agree on property division, child custody (if applicable), and other key matters.
Step 1: Check Your State's Requirements
Before you begin, confirm you meet your state's residency requirements and understand the local rules. Most states require you or your spouse to have lived in the state for a set period—often six months to a year—before you can file for divorce. Also, check if your state offers a simplified or summary divorce process for couples who meet specific criteria.
Step 2: Agree on All Terms
Sit down with your spouse and agree on all critical issues, including:
- Division of property and debts
- Child custody and support (if you have children)
- Spousal support (alimony), if applicable
Clear communication and mutual agreement are essential for a smooth DIY process.
Step 3: Gather and Complete the Necessary Forms
Each state and county has its specific forms for filing for divorce. These typically include:
- Petition for Divorce (or Complaint for Divorce)
- Summons
- Marital Settlement Agreement
- Financial Affidavits
- Forms related to child custody and support (if applicable)
Many states provide free, fillable forms online. Download them from your state or county court's website and complete them at your pace. Ensure that you use blue or black ink if required, and always keep copies for your records.
Step 4: File the Paperwork
Take your completed forms to the correct court (usually the county where you or your spouse lives). File the paperwork with the clerk and pay the required filing fee, which varies by state and county. If you cannot afford the cost, you may be able to request a fee waiver.
Step 5: Serve Your Spouse
After filing, you must legally notify your spouse by serving them with the divorce papers. This can be done by:
- Certified mail
- A process server
- A sheriff or constable
Some states allow your spouse to sign an acknowledgment of receipt to avoid formal service.
Step 6: Wait for the Mandatory Waiting Period
Most states have a mandatory waiting period before your divorce can be finalized. This period allows either party to respond or contest the divorce if necessary.
Step 7: Finalize the Divorce
Once the waiting period is over and all paperwork is in order, the court will review your case. In some states, you may be required to attend a brief hearing, particularly if children are involved. The judge will ensure everything is fair and legal, then grant the divorce judgment.
Step 8: Receive Your Divorce Decree
After the judge signs off, you'll receive a final divorce decree. This official document legally ends your marriage and outlines the terms of your settlement. Make sure to keep copies for your records.
Tips for Success
- Double-check all forms for accuracy before filing. Errors can delay your divorce.
- Stay organized. Keep track of deadlines and required documents.
- Consider online divorce services or hiring a paralegal for guidance if you need assistance but want to avoid attorney fees.
- If you have children, complete any needed parenting courses as mandated by your state.
When to Consider a Lawyer
DIY divorce is best for simple, uncontested cases. If you and your spouse cannot agree, have complex assets, or have concerns about your rights, consider consulting a lawyer for advice.