How to File a No Fault Divorce Without a Lawyer

It's not strictly necessary to have a lawyer when filing for no-fault divorce. The laws of divorce vary by state, but generally, most have a form petition that initiates the no-fault divorce process. In some states, a no-fault divorce is one that stems from "irreconcilable differences" or a marriage that is "irretrievably broken." Once the divorce is filed, there's usually a waiting period while the other spouse responds. Afterward, the two must negotiate the terms of the divorce or let the court decide.

Instructions

1. Establish jurisdiction. You don't necessarily have to be divorced in the state in which you were married, but you usually have to file in a state where you or your spouse has been a legal resident for six to 12 months. In a state where this condition is satisfied, a divorce petition should be filed in the county's state courthouse or Superior Court.

2. Fill out the petition. Every divorce starts with a petition--usually a form that allows the petitioner to designate the grounds for divorce, as well as her preferences for the terms on issues like child custody, child care and alimony. The form itself is usually only one or two pages long, and will probably require proof of residency.

3. Fill out supporting documents. The more challenging part of filing for divorce is these documents that must accompany the petition. Generally, they will list all of the married couple's assets, income, debt and liabilities. The form for this disclosure will usually include some instructions, and there might be a courthouse employee or public-service legal assistant who can provide guidance.

4. Serve the papers. When the supporting documentation is complete, it must be served with the original petition on the other spouse. A proof of service sometimes has to be filed with court, informing them of the date of service, which establishes the deadline by which the spouse must respond to preserve his rights.

Tips & Warnings

• With the service of process, a divorce is officially filed and in motion. All that remains is to come to an agreement on the terms of the divorce, which will be written up in a marital settlement agreement, and to have the court issue the final judgment.

• Just as the financial disclosure paperwork can be the most challenging part of filing the divorce, hammering out the details of property division and child custody can be the stickiest part of settling the terms. If your spouse hires a lawyer for this part of the process, it's a good idea to at least consult with an attorney to be sure you understand your rights under the law.

Resources

• Dealing with Divorce
• Divorce Myth
• Divorce and Consent
• Legal Q&A