The average contested divorce with attorneys costs $7,000 to $15,000 per side. An uncontested divorce you file yourself costs $100 to $500 total — just the court filing fee. (We break down every cost in our divorce cost guide.)
If you and your spouse are on the same page about ending the marriage, there is no reason to spend thousands on lawyers to fill out forms you can handle yourself. I'm going to walk you through exactly how to do it.
DIY divorce works when:
Get a lawyer when: (See our contested vs. uncontested divorce comparison for more on this.)
About 50% of divorces in the US are filed without attorney representation. It's more common than most people realize. If you can't afford an attorney and your situation requires one, the Legal Services Corporation maintains a directory of free and low-cost legal aid organizations.
Every state has different rules, forms, and fees. Before you do anything else, look up your state in our state-by-state guide. You need to know:
Your state court system provides divorce forms for free. Search "[your state] divorce forms" and look for the official court website (.gov or .us domain). The U.S. Courts website can help you locate your local court system. Don't pay for forms from random websites — the court gives them to you for free.
Common forms you'll need:
Most court websites have packet instructions that tell you exactly which forms to fill out based on your situation (with kids, without kids, contested, uncontested). Follow those instructions, not random advice from the internet.
The petition (some states call it a complaint) is the document that officially starts the divorce. It includes:
Pro tip: if your state offers a "joint petition" (both spouses file together), use it. It's faster, cheaper, and signals to the court that you've already agreed on things.
Take your completed forms to the courthouse clerk's office (or file online — many states now allow electronic filing). Pay the filing fee, and you'll receive a case number and filed copies of your paperwork.
Can't afford the filing fee? Every state allows fee waivers for people with low income. Ask the clerk for a fee waiver application (usually called an "in forma pauperis" or "IFP" petition). If your income is below a certain threshold, the fee is waived entirely.
Your spouse needs to be officially notified of the divorce. This is called "service of process," and you can't just hand them the papers yourself (in most states). Options include:
If you can't find your spouse, most states allow service by publication (posting in a newspaper). This is a last resort and adds weeks to the process.
Your spouse typically has 20-30 days to respond. In an uncontested divorce, they'll either file a response agreeing to your terms, or sign the waiver of service and settlement agreement.
If they don't respond at all, you can request a default judgment after the response period expires. The court grants the divorce based on what you asked for in your petition.
Once your spouse has responded (or defaulted) and any mandatory waiting period has passed, you submit your marital settlement agreement and parenting plan to the court. Some states require a brief final hearing — often 10-15 minutes where the judge confirms everything is in order. Some states finalize without a hearing for uncontested cases.
After the judge signs the final decree, you're divorced.
If filling out legal forms feels intimidating, online divorce services are a middle ground between full DIY and hiring a lawyer. Companies like CompleteCase, 3StepDivorce, and DivorceWriter charge $150-$300 to prepare all your state-specific forms based on your answers to a questionnaire.
What you get:
What you don't get: legal advice. These services prepare documents — they don't tell you what to ask for or whether your agreement is fair. For a straightforward divorce, that's fine. For anything complicated, you still need at least a consultation with a lawyer.
Not doing financial disclosure. Most states require both spouses to fully disclose their finances — income, assets, debts, everything. Skipping this or being incomplete can get your divorce thrown out or reopened later.
Forgetting about retirement accounts. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), which is a separate legal document the retirement plan administrator needs. This is the one area where most people genuinely need professional help, even in an otherwise DIY divorce. Our property division guide explains how different states handle asset splits.
Vague custody language. "We'll share custody" isn't specific enough. Your parenting plan needs exact schedules — which days, which holidays, pickup/dropoff times. Vague plans lead to disputes later.
Not updating beneficiaries. After your divorce is final, update your life insurance, retirement accounts, and will. Your ex-spouse is probably still listed as your beneficiary on everything. The divorce decree doesn't automatically change this.
Signing something you don't understand. If your spouse hands you a settlement agreement and pressures you to sign it quickly, stop. Read everything. If something seems off, get a one-hour consultation with a lawyer ($150-$300) before signing away your rights.
Custody agreements add complexity but don't necessarily require a lawyer. Most states have parenting plan templates that cover:
The key is being specific. Courts want detailed plans, not general intentions. Write down exactly who has the kids on which days, including holidays and summer break.
Filing for divorce without a lawyer is completely doable for uncontested cases. Millions of people do it every year. The process is designed to be accessible — courts provide free forms, self-help centers, and instructions. Wondering how long the whole process takes? Check our guide on how long divorce takes for realistic timelines.
The money you save ($5,000-$15,000) can go toward rebuilding your life instead of paying attorneys to process paperwork.
Start with your state's specific guide — each one covers the exact forms, fees, and steps for your state.