All Laws Decoded

Do I Need a Lawyer for a Divorce?

Not always. Courts publish step-by-step self-help guides and offer free court help for people without lawyers, especially when spouses agree on the terms (an uncontested divorce); when spouses cannot agree and the case goes to trial, court guides note the option of hiring a lawyer, even just to prepare for trial.

What the law says

FAQ

What is an uncontested divorce?
Generally one where the spouses agree on the terms. In California, the new joint petition requires both spouses to agree to all final terms of the divorce or legal separation.
What happens if we can't agree?
In California, either spouse can ask for a trial, and the judge decides the disputed issues after hearing both sides.
Can I hire a lawyer for just part of my divorce?
California's self-help guide says you can hire a lawyer just to help prepare for trial even if you cannot afford one for the whole case.
Will the family law facilitator represent me?
No. The Stanislaus County court says the facilitator is not your lawyer, is neutral, may help both parties, and will not attend hearings with you.
Is court self-help free?
California's Stanislaus County facilitator services are free with no income requirements, and Maryland's Court Help Center says its services are free.
Is there a waiting period?
In California, a divorce takes at least 6 months to finish; a legal separation has no 6-month waiting period.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.