Divorce is never easy, but one of the first big questions people face is whether they need a lawyer or if they can handle the process themselves. The answer really depends on your specific circumstances, and it’s not a one-size-fits-all situation. While some divorces can be managed without legal help, others can become complicated quickly.
If you and your spouse agree on everything—including how to divide property, child custody, and financial support—you might be able to complete the divorce on your own. This is called a pro se divorce, which means you’re representing yourself without an attorney. Many states provide do-it-yourself divorce kits or online forms to help guide you through the process. This can be a cost-effective option, especially for couples with no children, minimal property, and no shared debt.
Self-representation can work well in uncontested divorces where both parties are cooperative, communication is civil, and the paperwork is straightforward. Some counties even offer legal clinics or court facilitators who can help review your documents to ensure everything is in order before filing.
However, not all divorces are simple. If you and your spouse disagree on key issues—like child custody, alimony, division of property, or who gets to keep the house—you should consider hiring a divorce attorney. An experienced lawyer can protect your rights, ensure fair treatment, and help you navigate complex legal issues. This is especially important when emotions are running high or communication has broken down.
Hiring an attorney is also a good idea if there’s a history of domestic violence, emotional abuse, or a power imbalance in the relationship. Legal professionals can help you set up protective orders, negotiate settlements, and advocate for your best interests in court.
Another red flag is when your spouse already has legal representation. In this case, trying to go it alone can put you at a serious disadvantage. Your spouse’s attorney has one job: to get the best possible outcome for their client. If you’re not familiar with divorce law, you may end up agreeing to terms that are unfair or not in your favor.
If you’re somewhere in between—maybe you mostly agree but want help with the paperwork or legal terms—there are middle-ground options. Mediation is one approach, where a neutral third party helps both sides reach a fair agreement. You can also hire an attorney on a limited-scope basis, meaning they only help with certain parts of the case, like reviewing a settlement or drafting documents.
In short, yes, it is possible to get a divorce without a lawyer—but only if your situation is simple, and you and your spouse are on the same page. For more complex or contested divorces, it’s wise to consult with an attorney. In the long run, getting the right help can save time, stress, and future legal battles.
Contact Hecht Schondorf today for a free consultation.