How to File for Divorce

Divorce procedures vary by state, but the basic path is similar everywhere.

1. Check residency and grounds

• Residency: most states require one spouse to have lived in the state for a set period before filing, ranging from no minimum to a year. Find your state's rule under state laws.
• Grounds: every state allows no-fault divorce, usually based on irreconcilable differences or an irretrievable breakdown (Cornell LII). Some states also allow fault grounds such as adultery or cruelty, which can matter for property or support in a few states.

2. Prepare the petition

The petition (or complaint) states basic facts and what you are asking for: property division, support, custody and a name change if desired. Many courts publish forms and self-help guides.

3. File and pay the fee

File in the proper county court and pay the filing fee, or request a fee waiver if you cannot afford it.

4. Serve your spouse

Your spouse must receive formal notice through service of process, such as by a sheriff, a professional process server, or acceptance of service (Cornell LII). You usually cannot hand the papers to them yourself.

5. The response

Your spouse has a deadline to respond. If they do not, you may be able to ask for a default judgment.

6. Temporary orders

Either spouse can ask the court for temporary orders on custody, support, use of the home, and payment of bills while the case is pending. Many states also impose automatic orders that prevent either spouse from hiding or transferring assets.

7. Financial disclosures

Both spouses exchange information about income, assets and debts. Our divorce documents checklist lists what to gather.

8. Settlement or trial

Most divorces settle through negotiation or mediation. If not, the court holds a trial on the disputed issues.

9. The final judgment

The judge signs a final judgment or decree. Some states have a mandatory waiting period between filing and finalizing.

Contested vs. uncontested

If you agree on everything, see uncontested divorce. If you disagree, the process takes longer and costs more.

A family lawyer is especially important if there are children, significant assets, a business, retirement accounts or abuse.

Sources

1. Cornell Law School LII: Divorce
2. Cornell Law School LII: No-fault divorce
3. Cornell Law School LII: Service of process