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
- Example (California): a divorce takes at least 6 months to finish, and spouses can agree on the issues or use a court process to have the court decide. California Courts Self-Help Guide, Divorce
- Example (California): starting January 1, 2026, spouses or partners can file one joint petition together. It requires both to agree to all final terms of the divorce or legal separation, though they do not need to agree on everything before filing; the filing fee is $870, and a fee waiver can be requested by either spouse who cannot afford it. California Courts Self-Help Guide, Joint petition for divorce or legal separation
- Example (California): some couples may qualify for a summary dissolution, which the state's self-help guide calls a simpler divorce process. California Courts Self-Help Guide, Joint petition for divorce or legal separation
- Example (California): if spouses cannot agree on all the issues, either can ask for a trial; trials are usually needed when issues are complex or there are several disagreements, and the judge decides the issues after the trial. California Courts Self-Help Guide, What to know about a divorce trial
- Example (California): the courts' trial guide says that even if you cannot afford a lawyer for your whole case, you can hire one just to help prepare for trial; a law librarian can help find information but cannot give legal advice, and self-help centers may offer workshops and one-on-one help. California Courts Self-Help Guide, What to know about a divorce trial
- Example (California): every superior court offers some help to people who do not have a lawyer and need legal information; the types of cases and amount of help vary by county, and services may be in person, by phone, or online. California Courts Self-Help Guide, Services at court
- Example (California, Stanislaus County court): the Office of the Family Law Facilitator is not your lawyer; it is neutral, represents the court rather than either party, and may assist both parties. Its services are free with no income requirements, communications are not confidential, staff will not attend hearings with you, and help covers paternity, child support, and spousal support. Superior Court of California, County of Stanislaus, Family Law Facilitator
- Example (California, Glenn County court): the family law facilitator is a licensed attorney who provides free services, but there is no attorney-client relationship and communications are not confidential. Superior Court of California, County of Glenn, Family Law Facilitator
- Example (Maryland): the Maryland Court Help Center offers free legal help in civil cases for people who do not have a lawyer, by phone or chat, and the judiciary also lists a separate Family Law Help Center. Maryland Judiciary, Maryland Court Help Center
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
- Contested vs. Uncontested Divorce
- How Long Does a Divorce Take?
- How Much Does a Divorce Lawyer Cost?
- How to File for Divorce, Step by Step
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- What Is a No-Fault Divorce?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
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.