How to File for a Pro Se Divorce
While many people use an attorney when filing for a divorce, others choose to do it "pro se." A pro se litigant represents himself without a lawyer. These litigants file their own divorce petitions, appear before a judge and participate in any proceedings on their own. While each state has different requirements for who can act as a pro se litigant, you can generally file for divorce without having to hire an attorney.
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Instructions
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Draft the petition. All divorces must be granted by the court. You have to ask the court to give you a divorce by submitting a petition. Sometimes called a complaint, the divorce petition details who you are, what you are asking the court to do, and why. Each state has specific requirements about what a petition must contain, so be sure to research the law before you draft your petition.
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Prepare the divorce order. As a pro se litigant, you can't ask your attorney to negotiate the terms of divorce. You are asking the court to agree to your request, and usually must provide the court a proposed order it can sign off on. This order lists the terms of the divorce and asks the court to make it official. You must determine who gets what property, what alimony is to be paid, who gets custody of the children and any other issues relevant to the divorce.
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Prepare a summons. All civil complaints must notify the opposing party that the complaint has been filed with the court. This is done through the use of a summons. Typically, summons can be delivered either through the mail or by having the sheriff serve the documents in person. In either case, you'll have to draft a proposed summons to file with the divorce papers.
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File the petition. Once you have all the documents prepared, you'll have to file them with the civil court clerk in the county courthouse where you live. Be sure to contact the clerk beforehand, as your county may require a specific number of copies or local forms to be filed with the petition.
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Pay the fee. All civil complaints must be accompanied by a filing fee. These vary from state to state and county to county, so contact the civil clerk before filing. If you are not able to pay the fee, you can also ask the clerk about a financial hardship waiver.
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Tips & Warnings
Talk to a divorce attorney. Even if you and your spouse agree to everything, you want to at least consult an attorney before getting a divorce. There may be specific laws that apply to your case.
Talk to the court clerk. Some states have specific requirements for pro se litigants, and can even provide helpful information or forms for people filing their own divorce. Contact your local county courthouse and ask the civil court clerk about the process in your county.
References
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