How to Divorce Without a Solicitor

You can end your marriage without a lawyer to intervene.

You don't necessarily need a solicitor in order to divorce your partner. You can do it yourself by going to your local courthouse and getting the necessary divorce petition papers drafted. In fact, the majority of divorces are handled this way. The only true way to get a divorce without hiring an attorney, however, is to have an uncontested divorce. This means that both parties are in agreement about getting the divorce and have already decided on a divorce agreement that outlines the separation of property and assets.

Instructions

1. Discuss your divorce with your spouse. If both of you agree that a divorce is necessary, you've already eliminated one of the biggest reasons couples get attorneys--determining a grounds for divorce. Decide on a grounds together. There are no-fault grounds, such as separation and incompatibility, and then there are fault grounds, such as adultery, gambling, drug or alcohol abuse and neglect.

2. Create a divorce agreement. If you have children, you must address such things as alimony, child custody, visitation and child support. Other concerns include how you will divide your combined assets, your home, cars and investments. As a rule, the more material things you have together, the more complicated a divorce becomes. Additionally, having children certainly makes divorce more complicated. If there is any disagreement on what is best for the children, you may need a lawyer.

3. Visit the County Courthouse in your area to file a Petition for Uncontested Divorce. Uncontested divorce forms vary by state and can be downloaded from the Internet at your state's legal website or by going to a site such as U.S. Legal Forms (see Resources).

4. Fill out the divorce petition thoroughly. Fill out your own personal information as the Petitioner or Plaintiff, and your spouse's as the Respondent or Defendant. Depending on your circumstances, you will need to fill out other forms as well, such as a Petition for Child Custody and Child Support.

5. Make three copies of your forms, one for yourself, one for the Clerk of Court and the other for your spouse, who will need to be served with the papers. You can have them served formally, by having the Sheriff or Marshal deliver the papers for a fee, or you can serve them yourself via certified mail.

6. Wait for your spouse to sign and return the divorce petition. Though waiting periods and regulations vary by state, once your spouse has agreed to the divorce, it's just a matter of waiting for the judge to finalize the divorce.

Tips & Warnings

• Make sure that you and your spouse have been thorough about addressing everything in your divorce agreement. You may want to consult a lawyer to verify that you haven't missed anything.

References

• US Legal Forms: Divorce Forms

Resources

• Nolo.com: Divorce: Do You Need a Lawyer?