DIY Divorce Papers: A Step-by-Step Filing Guide

When can you use do-it-yourself divorce papers?

Generally, you can use DIY divorce papers when your divorce is uncontested, meaning you and your spouse don't have any major disputes. You also have to agree on terms for all key issues related to the divorce, including child custody and visitation, child support, spousal support, and property division.

If you and your spouse have not agreed to every major issue, you have a contested divorce and should consult an attorney.

Before proceeding with a do-it-yourself divorce, make sure your spouse is being honest about savings and income and is not hiding any assets. It's also a good idea to consult an attorney instead of filing DIY divorce papers if:

• You've been married a long time
• You have significant property or complex assets
• You're a victim of domestic violence
• You feel the agreement favors your spouse

How to start a divorce with DIY papers

First, check your state's court website for divorce papers. Many states offer these forms online, and some allow you to file electronically.

If you can't find forms online, visit your county clerk's office and ask for an uncontested divorce packet. Make sure you request the correct forms for your situation, as they can differ for couples with children versus those without. 

Here are some general tips to help you get started on your papers.

Preparing your documents

• Identify the correct court. Ask your county clerk if you're unsure where to file your forms. 
• Confirm residency requirements. Many states require six months of residency, though some require one year or more. Some states also require the couple to physically live separately for a specific period, so be sure to verify your state's requirements ahead of time. 
• Complete the divorce paperwork. Forms typically include a summons, petition, or complaint. List your grounds for divorce according to your state's laws, though it's generally advisable to consult an attorney if you're pursuing a fault-based divorce. 

Filing with the court and serving your spouse

• Sign the petition or complaint in the presence of a notary public.
• Make copies of the papers. Keep one copy for yourself, one for your spouse, and use the original for the court.
• File with the county clerk and pay the filing fee.
• Arrange for service upon your spouse. The clerk will stamp the copies and keep the original. You typically cannot serve your spouse—you must use a licensed process server, sheriff, or constable. Check with the clerk about specific service requirements in your jurisdiction.

Finalizing the divorce

• Prepare a settlement agreement shortly after filing your court papers. Your final divorce papers will include your settlement agreement with the agreed-upon terms. Both you and your spouse should sign the agreement in the presence of a notary.
• Complete remaining divorce documents, which may include a divorce decree or judgment, financial statement, child support worksheet, non-military affidavit, notice of hearing or request to put the case on the calendar, and additional required papers. These can usually be found in the DIY divorce packet. Most of these forms require notarization.
• Attend your court date. Once the case is on the calendar, the court will notify you of your hearing date. Appear at the courthouse on time—judges will not wait for you. The court appearance confirms you and your spouse understand the agreement and are of sound mind. Sometimes a judge grants the divorce that day. Other times, multiple hearings are required.
• Obtain certified copies. Once a judge grants the divorce, get certified copies of the divorce decree or judgment from the county clerk's office.

If at any point you have questions, don't feel comfortable completing the forms, or want help negotiating the terms, reach out to a divorce attorney for advice—even if just to review your completed DIY papers.