I receive a few telephone calls each month from people who want to get divorced without an attorney.  They call me because they are not really sure if it can be done.  I am here to tell you that it can.  If you and your spouse are in agreement on everything from who the children will live with to who gets Aunt Maud’s velvet recliner, then go for it.  Fill in the blank forms and detailed instructions can be found at the Minnesota Judicial Branch’s Self Help Center.  These forms are broken down into categories for divorces with children and divorces without children.

Even if you are in full agreement on everything, using a do-it-yourself-fill-in-the-blank approach may not provide for all you need to accomplish.  For example, if you and your spouse want to divide a retirement account between the two of you, something called a Qualified Domestic Relations Order will be required.  This is a complicated issue not covered by any fill-in-the-blank form.  You may also need deeds to transfer title to real estate.  If you have these issues it does not mean you cannot use fill-in-the-blank forms to get divorced, it just means you may need an attorney after the fact to wrap up some loose ends.  

You do not have to be in agreement on all issues to use fill-in-the-blank divorce forms.  In fact, you could be in total disagreement on all issues right down to who gets the dog’s ashes.  You may not even have spoken to your spouse for the last nine months.  It does not matter, you can fill-in-the-blanks and ask a judge to divorce you without an attorney.  It just gets more complicated because now there will be hearings, and evidence will have to be presented, and you will be required to present your case as though you were in fact an attorney. 

Lastly, just because you start the divorce process without an attorney using do-it-yourself forms, there is nothing to prevent your spouse from hiring an attorney once he or she is served with the papers.  The fact that your spouse hires an attorney does not mean you are required to.  In fact, that attorney could help the two of you reach an agreement and draft other forms needed to complete the process.  Just remember, that attorney represents your spouse, not you, and will not provide you with legal advice regarding how you should proceed.

In the end I say, if you have the moxie, give it a go.  If at any point you feel over your head, you can always hire an attorney to take you the rest of the way.