Can You Do a Divorce Without a Lawyer?
Divorce is one of those life-altering events that most people never expect to deal with, yet it happens more often than one might think. When it does, a big question comes up quickly: Do you really need to hire a lawyer, or can you go through the process on your own?
It's a fair question. The truth is that, yes, you can technically go through a divorce without a lawyer. Some people do. However, experienced divorce lawyers warn about the potential challenges and risks of navigating the legal system independently, as this can compromise the protection of your rights and interests, especially in contested divorces.
Is It Legal to Divorce Without a Lawyer?
The short answer: yes. You are not legally required to have a lawyer to file for divorce. Every state has a process in place for people who choose to represent themselves, usually referred to as pro se divorce. “Pro se” simply means “for oneself” in Latin.
Courts provide forms and instructions to make the process more manageable for self-represented individuals. In fact, many jurisdictions have websites, clerks’ offices, or self-help centers designed to guide people who want to handle their own divorce paperwork.
But just because it is legal does not automatically mean it is the right choice for everyone. Divorce law touches on property division, child custody (parental responsibility and parenting plans), child support, alimony, and retirement assets. These are issues that can have long-lasting financial and emotional consequences.
Self-Representation in Court
If your case goes before a judge without a lawyer, be prepared for a steep learning curve. Judges expect self-represented parties to follow the same rules as attorneys. This includes:
- Knowledge of court procedures
- Submitting evidence properly
- Following the rules of decorum in the courtroom
- Meeting deadlines for filings
Judges cannot give you legal advice, so if you stumble, the court is not allowed to help you. Some people are comfortable speaking in public and keeping track of details, but for others, this part of the process can be overwhelming.
Practical Tips for Doing It Yourself
If you are thinking of filing for divorce without a lawyer, here are some practical suggestions:
- Read the instructions carefully: The Judicial Branch website includes detailed step-by-step directions. Following them closely will save you time and frustration.
- Stay on top of deadlines: In Colorado, the 42-day deadline for financial disclosures and the 91-day waiting period are two of the big ones.
- Be thorough with disclosures: Transparency matters. If you leave out assets or debts, it can come back to haunt you later.
- Keep everything organized: Make copies of every form, financial statement, and court order. Use a binder or folder system.
- Communicate respectfully: Divorce is emotional, but the process goes much smoother when both spouses approach it calmly and cooperatively.
- Consider professional review: Even if you don’t hire a lawyer for the whole case, have one look over your final settlement before filing.
The Risks of Going It Alone
Filing for divorce without a Denver divorce attorney is completely allowed, but that does not mean it is without risks. When you take on the responsibility of handling everything yourself, you are essentially stepping into the role of your own attorney. That means you need to know the rules, the deadlines, and the consequences of every step.
Here are some of the common pitfalls people face when they choose to self-represent.
Risk of Incomplete or Incorrect Paperwork
Colorado’s district courts require specific forms, and they must be filled out accurately. Even small mistakes, such as missing signatures, incorrect case numbers, or incomplete financial statements, can cause your case to be delayed or even dismissed. Judges and clerks cannot “fix” your paperwork for you. If something is wrong, you may need to refile, which adds stress and time to the process.
Risk of Overlooking Financial Details
One of the biggest parts of any divorce is dividing marital property. In Colorado, everything acquired during the marriage is generally considered marital property, even if only one spouse’s name is on the title. If you are not careful with your financial disclosures, you might miss assets that should be divided or fail to protect property that should remain separate.
Retirement accounts, stock options, business interests, and even debts are often overlooked in DIY divorces. And once a decree is entered, revising financial terms is challenging.
Risk of Missing Deadlines
Colorado’s divorce process has strict deadlines. For example, financial disclosures must be exchanged within 42 days. There is also the 91-day waiting period before a divorce can be finalized. Missing a deadline can delay your case, or worse, lead to sanctions from the court. When you are representing yourself, it’s up to you to track and meet every date.
Risk in Parenting Plans and Child Support
If children are involved, the stakes are even higher. Parenting plans in Colorado must meet the “best interests of the child” standard. That means the court will look closely at your proposal to make sure it adequately supports the child’s physical, emotional, and educational needs.
Child support is calculated using state guidelines, and the formula considers income from both parents, health insurance, and childcare costs. If you don’t understand how the calculation works, you could submit a plan that the court will reject, or worse, agree to terms that are not financially sustainable.
Risk of Emotionally-Driven Decisions
Divorce is an emotional process. When you represent yourself, there is no buffer between you and your spouse in negotiations or hearings. That can make it harder to stay calm and objective. Emotional decisions just to “get it over with” can lead to long-term consequences that are difficult to undo.
It’s easy to underestimate how much stress and pressure can influence your choices in the moment. Taking time to pause, breathe, and think things through can make a huge difference in protecting your long-term interests.
Risk of Courtroom Challenges
Not all divorces are uncontested. If disagreements arise, you may have to present your case at a hearing. Representing yourself means you need to know how to introduce evidence, question witnesses, and follow courtroom etiquette. Judges will expect you to understand the same rules that lawyers follow, and if you are unprepared, it can be overwhelming.
Hiring a Divorce Lawyer Is a Prudent Choice in Most Cases
It is possible to go through a divorce without a lawyer, but it’s important to recognize the risks. Incomplete paperwork, missed deadlines, overlooked financial details, and emotionally charged decisions can complicate the process. Hiring a Denver divorce lawyer may generally prove to be far more beneficial in the long run for most people.
