Can I Get a Divorce Without Going to Court? DIY Guide
Quick Take: Can I get a divorce without going to court?
The short answer is yes, you can get divorced without excessive court appearances. But there are 7 costly mistakes to avoid when filing DIY divorce paperwork. Read on to learn how to steer clear of errors and delays in your divorce case.
Can I Get a Divorce Without Going to Court? DIY Guide
Going through a divorce can be an extremely difficult and stressful time. You have to make major decisions regarding issues like child custody, spousal support, and property division all while experiencing the emotional toll of dissolving your marriage.
The good news is you can get divorced without excessive court appearances and legal fees in many cases. If you and your spouse are able to communicate and cooperate enough to reach agreements on the terms of your divorce, it is possible to handle much of the process yourselves and finalize your dissolution of marriage without litigation.
While every state has its own specific divorce laws and requirements, there are strategies to complete your divorce papers, file the paperwork correctly, and get approval for your settlement agreement without battling it out before a judge in court.
(Disclaimer: This article provides general information about divorce procedures but does not constitute legal advice. Consult an attorney licensed in your state for legal guidance on your specific situation.)
Navigating State Laws and Residency Requirements
Because family law falls under state jurisdiction, each state has its own set of laws and regulations regarding getting divorced. This means the exact steps and paperwork you must complete to get a no-court divorce will depend on where you file.
However, every state will require you to meet certain residency requirements to file for divorce there. For example, California mandates you or your spouse must have lived in the state for at least six months before initiating divorce proceedings.
Other states have varying residency requirements, from as short as three months to as long as one year or more in some cases. This is meant to prevent people from forum shopping and filing for divorce in states with more favorable laws. Do your research to ensure you meet the residency requirements for your state before taking any action.
Previously, you had to schedule an in-person appointment and hand deliver your divorce paperwork to the county court clerk’s office. Now, many states permit spouses to electronically file for divorce directly through the court’s website or by mailing the forms. This option is typically only available for uncontested cases though. If you and your spouse do not agree on the terms of your divorce, you will likely need to attend court hearings.
To find out the specific options and steps to file where you live, check the court’s website for your county and state or consult with a local divorce attorney familiar with the process. Having a clear understanding of your state’s divorce laws and paperwork requirements from the outset will make navigating the no-court divorce process smoother.
Is an Uncontested or Contested Divorce Right for You?
There are two main types of divorce - contested and uncontested. In a contested divorce, you and your spouse do not see eye-to-eye on important issues related to the dissolution of your marriage. You may disagree on topics like:
Child support calculation and payment
Because you are unable to reach a mutual agreement on these divorce-related issues, the court must get involved to hear arguments and render decisions. This requires extensive litigation, attorney negotiations, and multiple court hearings before a judge. Contested divorces can drag on for months or years, racking up significant legal fees in the process.
In an uncontested, or no-fault, divorce you and your spouse are able to come to a mutual agreement on the major divorce-related issues without needing prolonged court intervention. This is the ideal scenario for getting divorced without a messy court battle.
An uncontested divorce allows you to work together to determine fair solutions for concerns like:
How you will divide marital property and assets and or a business
What amount and length of spousal support is appropriate
A parenting schedule and child custody arrangement focused on the best interests of your children
Child support amounts based on state guidelines
When you see eye-to-eye on these matters and are willing to compromise, you can agree on the terms of your divorce and complete the required paperwork expeditiously. This allows you to get approval for your settlement agreement from a judge and receive a final judgment without ever having to step foot in court.
Using Mediation Wisely
If you and your spouse need help communicating and compromising on divorce-related issues, working with a professional divorce mediator can help facilitate negotiations and get you to amicable solutions. Mediators are neutral third parties trained to guide couples through the divorce process in a non-adversarial way.
In a mediation session, you and your spouse will sit down together with the mediator. They will then walk you through all topics you need to agree on from dividing up your financial assets to making a parenting time schedule. The mediator helps open up communication, manage emotions, and keep discussions productive so you can reach a consensus.
Some of the major benefits of using divorce mediation include:
Avoids courtroom litigation - Because mediation fosters compromise between spouses, it significantly decreases the need for court intervention. Settlements reached through mediation have a much higher success rate than those ordered by a judge.
Saves money - Mediation is typically much more affordable than extensive divorce litigation. The average cost of mediation ranges from $5,000-$10,000 while contested divorce can cost upwards of $15,000-$30,000 even over six figures.
Preserves relationships - By working cooperatively through concerns, mediation reduces conflict between spouses as well as other family members. This is especially important when children are involved.
Allows customized solutions - Mediators help you tailor agreements to your family’s unique situation versus trying to fit your case into what a judge might order.
Faster process - Because mediation encourages cooperation and communication, it can resolve divorce-related issues faster than duking it out in court.
Mediation is not right for every situation, such as when one spouse refuses to sign divorce papers, refuses to negotiate reasonably, retraining orders/protective orders are in place in a divorce, or when domestic violence is involved during divorce. However, for couples willing to work together, it can be an incredibly helpful tool for reaching amicable solutions and avoiding courtroom litigation in your divorce.
Completing Your Divorce Paperwork
Once you have worked out all the details of your divorce either between yourselves or with the help of a mediator, the next vital step is properly completing all the required paperwork. This is where doing your research on your state laws comes into play.
Many court websites provide downloadable do-it-yourself divorce forms you can use to file for an uncontested divorce. However, it’s a good idea to consult an attorney to ensure you are using the most up-to-date versions and to avoid any mistakes. Common documents needed include:
Petition (or Complaint) for Dissolution of Marriage - This initiates the divorce and sets forth basic information like the dates of marriage and separation, minor children involved, and requests dividing property, debts, etc.
Summons - Requires your spouse be served with notice of the divorce action being filed.
Financial affidavits - These disclose each spouse’s income, assets, living expenses, and debts. Complete truthfulness is essential.
Declaration of Disclosure - California and some other states require these to reveal all community property assets and liabilities.
Marital Settlement Agreement - Spells out the mutually agreed upon terms resolving all divorce matters like custody, child support, spousal support, and property division.
Parenting Plan - Required in some states and sets schedules for physical and legal custody of minor children. Addresses topics like decision making, living arrangements, and visitation.
Decree of Dissolution of Marriage - The final divorce judgment issued by the court formalizing the end of your marriage.
Having an experienced local divorce attorney review your paperwork, even if you do the completion yourself, is highly recommended. An attorney can make sure your marital settlement agreement accurately reflects your agreements on issues like asset division and spousal support. This ensures you have dotted your I’s and crossed your T’s and avoided any mistakes in your documents that could delay approval. DIY divorce papers are often rejected on technicalities, so legal guidance is wise.
Paying Your Filing Fees
In addition to your paperwork, most courts charge administrative fees for filing for divorce. This helps pay for court operations. The total filing fees depend on where you live, but commonly range from around $100 on the low end to $500 at the maximum. Make sure to submit any required filing fees along with your paperwork to avoid rejections and delays. Some key fees include:
Filing fee/general divorce petition fees ($75-$350+)
Service of process fees for a process server $100-$200.
Certified copy fees ($10-$30 per document)
Recording fees if recording documents like property deeds ($10-$50)
Many courts now allow you to pay your filing fees electronically through their websites when submitting forms. Mailing a money order is also accepted.
Just be sure all your state’s filing requirements are met and any necessary divorce-related fees are paid so your paperwork gets accepted. Having your case rejected over a silly error like forgetting a required form or missing signature will create delays.
Filing Your Completed Paperwork
The next step is getting your completed divorce paperwork formally submitted to and filed with the court in your jurisdiction. In the past, you had to schedule an in-person appointment at the county clerk’s office for this. Thankfully, technology is making filing for divorce much simpler.
Many courts now permit you to submit your divorce forms electronically using an e-filing system on their websites. This allows you to upload and file all your properly prepared documentation from the convenience of your home.
Submitting by mail is also an option in most instances. You simply need to make copies of your completed forms and mail them in an envelope to the county clerk’s office with the necessary filing fees. Just be sure to use certified mail with return receipt for proof of delivery.
Once received and approved by the court clerk, your petition for dissolution and supporting divorce documents will be stamped and officially filed. This opens your divorce case and starts legal proceedings. Generally you will receive a filed copy of your paperwork back for your records.
Attending Court Hearings
In a typical contested divorce, the spouses must attend numerous status hearings and court appearances before a judge to argue their case. This allows the judge to make interim rulings and ultimately issue final judgment on unresolved divorce matters.
The benefit of reaching agreements and filing for an uncontested, no-fault divorce is avoiding the need for excessive court dates. In fact, in an uncontested divorce, many states do not require you to attend any court appearances at all now! As long as your paperwork is all in order, a judge can review your divorce settlement agreement without you needing to show up.
With that said, some states do still require at least one final hearing for an uncontested case. Depending on your state rules, you may have to attend a brief final court appearance to formalize your uncontested divorce. This short hearing essentially formalizes the divorce and allows the judge to verify each spouse consents to the terms of the settlement. As long as you both agree at the hearing, the judge will finalize your divorce by signing the orders.
So be sure to check your local court rules to determine if you must attend a hearing. As long as you properly complete the DIY divorce process for your jurisdiction, this hearing is brief and straightforward when you have an uncontested case.
Receiving Your Final Divorce Judgment
Once your settlement agreement has been approved and any required court appearances are completed, congratulations - you’re officially divorced! The court will issue a final judgment and mail both you and your ex copies of:
Judgment of Dissolution - Formal divorce decree ending your marriage.
Custody and Support Orders - Legal orders relating to any children detailing physical custody, visitation, and child support.
Spousal Support Order - If applicable, sets amount and duration of alimony.
Property Division Order - Specifies who gets what possessions and how assets/debts are divided.
Take time to carefully review these documents to ensure the court followed your settlement agreements accurately. Assuming no errors, you can now move forward as a single person and close this chapter! Just be sure to keep copies of your final divorce judgment and orders handy for future reference.
Is DIY Divorce a Good Idea?
With the proper forms and paperwork, it is entirely possible to get an uncontested divorce without hiring a divorce attorney, especially if you have no disputes over major issues with your spouse. While DIY divorce may seem cheaper upfront, not using an attorney means missing out on their legal expertise which could cost you more in attorney fees down the road. Here are some potential risks to be aware of if going the DIY route:
Paperwork mistakes - If you miss important provisions or make errors in your divorce documents, it could invalidate them resulting in rejections and delays.
Unequal settlement - Without experienced legal advice, you may agree to a lopsided divorce settlement not realizing you’re entitled to more.
Unsigned forms - Forgetting a required signature from your spouse is common and can bounce your filing. Double check all documents are fully executed before submitting.
Misunderstanding laws - Not knowing the intricate state laws and court procedures can lead to issues or missing important steps in the process.
While DIY divorce may seem cheaper upfront, not having an attorney means you lose their legal expertise to guide you through the complicated legal process and avoid potential missteps. Many people trying to finalize their divorce without proper legal advice end up signing settlement agreements not in their best interests or that contain major flaws.
At minimum, consider having a divorce lawyer review your completed paperwork before filing it or go over the terms of the divorce in your settlement agreement before signing it. Paying an attorney for a couple hours of their time to spot potential problems can save you from major headaches and financial consequences in the long run.
If opting for a DIY divorce, you may want to hire a private investigator to uncover any hidden assets or debts your spouse may have failed to disclose, ensuring you get your fair share in the divorce. Some spouses going through a divorce hire a private investigator to gather evidence like secret spending or infidelity to use as leverage when negotiating the terms of the divorce.
Alternatives to Litigated Divorce
For those looking to avoid excessive court hearings and legal wrangling, there are alternatives to the traditional contested divorce process that still utilize legal help:
Collaborative Divorce
In this out-of-court divorce option, each spouse hires their own attorney to work through agreements respectfully without involving the adversarial legal system. Settlement is negotiated through a series of four-way conferences with the attorneys and clients.
Mediated Divorce
As discussed earlier, a mediator helps facilitate discussions and compromise between spouses to tailor settlement agreements. Attorneys may be brought in to formally draft documents and give guidance.
Arbitrated Divorce
Rather than a judge, you hire a private arbitrator to hear your case and render a binding decision on unsettled divorce matters like property division, support, and custody. Much faster and less formal than court.
While not fully DIY, these paths can help you avoid excessive court appearances and come to amicable solutions on your divorce terms with support from professionals.
Here are 7 costly mistakes to avoid when filing DIY divorce paperwork:
Not researching your state's specific divorce forms and requirements - Each state has its own laws and paperwork needed. Not understanding the rules can lead to rejections.
Filling out forms incorrectly or leaving out required information - Something as minor as a missing signature can get your divorce filing bounced back. Double check all details.
Not making complete financial disclosures - Failing to disclose all assets, debts, income and expenses accurately can put your agreement at risk later on.
Drafting an unfair settlement agreement - Without legal advice, you may agree to an unequal division of assets/debts and other raw deals. Have an attorney review agreements.
Not using the most up-to-date forms - Courts frequently update paperwork. Using old versions can invalidate filings. Check court sites for current forms.
Skipping required divorce education classes - Some states make classes mandatory before divorce. Missing this step creates delays.
Forgetting to meet residency requirements - You must reside in the state for the needed duration before filing there. Research rules to avoid issues.
Key Takeaways for No-Court Divorce
The prospect of an ugly court battle in your divorce is enough to make anyone cringe. Thankfully by understanding the divorce process and putting in some legwork, you can get a no fault divorce finalized with minimal time in court. Here are some key tips:
Research the divorce requirements and forms specific to your jurisdiction
Where applicable, use mediation to work out agreements amicably with your spouse
Utilize online tools and divorce worksheets to divide assets and determine support terms
Complete all required divorce paperwork thoroughly yourself or using an online service
Have a local divorce lawyer review documents to avoid mistakes before filing
Submit uncontested divorce forms electronically or by mail depending on court rules
Attend any mandated final decree hearings then verify orders
Consider alternatives like collaborative divorce to get guidance without litigation
The path to a smooth no-court divorce varies by state and case complexity. But with diligence, cooperation from your spouse, and proper documentation, you can minimize legal wrangling and get approval for settlement on your own terms. While professional help is advisable, an uncontested divorce without extensive courtroom drama is certainly within reach.
When facing the complexities of divorce, it can be invaluable to have a trusted advisor in your corner. Salt Lake Investigations is a private investigator agency established in 2003 that assists clients with divorce-related issues. Their experienced team can help uncover hidden assets, conduct surveillance to strengthen your negotiating position, and provide guidance during this difficult transition. With their discretion and professionalism, Salt Lake Investigations serves clients across Utah and surrounding states.
