Do I Need an Attorney to Get Divorced?

by Bob Mitton, CDFA, Founder of Tidal Pointe Advisors

The short answer is no. You do not always need an attorney to get divorced.

For many people, the moment divorce becomes real, the instinct is to call a lawyer. Media portrayals and outdated assumptions have made legal representation feel like a required first step. In reality, divorce today offers several paths, and not every situation calls for an attorney right away.

The right approach depends on your circumstances, the level of conflict, and how complex your financial and family situation may be.

Divorce Without an Attorney, What Are the Options?

1. Filing on Your Own

Some individuals choose to file for divorce themselves. This option is best suited for those who are highly organized, comfortable with paperwork, and able to manage stress during an emotional time.

While self filing can reduce upfront costs, it also carries risk. Divorce paperwork must be completed accurately and completely. Missing information or making incorrect assumptions about finances, property, or support can lead to long term consequences that may be difficult or impossible to fix later.

2. Working With a Certified Divorce Financial Analyst (CDFA®)

A Certified Divorce Financial Analyst is trained specifically to address the financial side of divorce. Since money, property division, and support are often the most contested issues, having a financial expert involved early can bring clarity and reduce conflict.

A CDFA helps analyze assets, income, expenses, and long term outcomes, and can assist in crafting a settlement agreement that is equitable and sustainable. Once financial terms are agreed upon, a document preparer or attorney can often be brought in solely to finalize paperwork.

3. Hiring a Mediator

A mediator provides a neutral environment for both spouses to work through decisions together. While mediators do not give legal advice, they help facilitate discussions around parenting plans, property division, and support in a structured and productive way.

Mediation can be especially effective for couples who want to maintain control over outcomes and minimize emotional and financial strain.

4. Combining a CDFA® and a Mediator

For many couples, this combination offers an ideal balance.

A CDFA brings financial clarity and long term planning insight, while a mediator helps guide the conversation and keep negotiations productive. Together, they can help address both the emotional and financial aspects of divorce. In many cases, mediators can also prepare the required legal documents, making the process more streamlined and cost effective.

5. Hiring an Attorney

There are situations where hiring an attorney is appropriate and necessary. High conflict divorces, concerns about transparency, or complex legal issues may require legal representation.

If you choose this route, it is important to do your research. Seek referrals, schedule consultations, and look for an attorney who prioritizes resolution over litigation when possible. Attorneys who focus on settlement rather than court battles often help clients save both money and emotional energy.

Choosing the Right Path Forward

There is no one size fits all approach to divorce. What matters most is choosing a process that fits your situation and supports long term financial and emotional stability.

Divorce is a legal event, but it is also a financial turning point. You typically only get one opportunity to structure your settlement correctly. Taking time to understand your options can help you move forward with confidence and avoid costly mistakes.

At Tidal Pointe Advisors, we help individuals understand the financial implications of divorce and build a clear path forward, whether attorneys are involved or not. Our role is to provide sound guidance through shifting tides, so you can make informed decisions and focus on your future.