pro se divorce

Divorce Without A Lawyer

A divorce without a lawyer is also known as a Pro Se divorce. If you and your spouse are in agreement and the issues of the divorce are fairly simple, especially if there are no children or asset division involved, then a getting a divorce without a lawyer is feasible and will certainly save money.

Please note however, that the more complex your divorce is in terms of children and of division of assets and debts, the more advisable it is to consult with a lawyer to at least think it through for you. If there is a lot of disagreement with your spouse and especially if emotions are running high, you shouldn’t attempt a divorce without a lawyer.

There is a kind of middle ground where you can hire a third party mediator to handle any disagreements that both of you are having so that a lawyer wouldn’t be necessary. Just remember that you will have to be willing to compromise.

When getting a divorce without a lawyer (Pro Se divorce) make sure of the following:

1.) There is no abuse of any kind going on, be it physical, mental, emotional, or sexual.

2.) There shouldn’t be any debts incurred on one party by the other.


3.) No criminal act has been committed by one party against the other.

4.) Your children should not be connected with your case and they should be of legal age.

5.) You will need to agree on asset distribution and agree to whatever terms you both have set. A third party mediator can help with this. If you have to seek the help of a lawyer to settle disagreements, then by definition, this would not be a Pro Se divorce.

6.) Alimony shouldn’t be a part of the divorce which means the person taking primary child custody should already have the necessary income to support the children.

7.) Divorce law varies from state to state. Make sure to do your homework on the laws of your particular state.

8.) All required documents will need to be prepared. They can be acquired from a local court house.

The most obvious advantage of a Pro Se divorce is saving money but an additional advantage is that if later on you should find that you do need a lawyer, you will already have had a head start on your divorce which means that there will be less for your lawyer to do which still saves money.

In summary, if you want a divorce without a lawyer (Pro Se divorce), keep it simple, keep it friendly, and use a mediator if you must.

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