How Do I File For Divorce?

Filing for divorce can be complicated. You should understand your rights and options before making important decisions during your divorce case. The divorce process varies according to your state’s laws, so getting guidance from an experienced divorce attorney in your state is critical.

Once you file, the timeline for a simple divorce can vary significantly depending on your state’s waiting periods and court schedules, potentially taking several weeks to months. However, divorce proceedings can drag on for years. Before you file for divorce, consider meeting with a family law attorney to talk through the process.

Filing the Divorce Petition

Filing for divorce, or dissolution of marriage as it is sometimes called, is like initiating any civil lawsuit. It starts with filing divorce papers, known as a “complaint,” and paying the filing fee. You will likely find the divorce forms you need to file with the court and instructions on your state’s court self-help website. Many states have a self-help center on their websites, providing general information about filing a court case, court fees, and forms.

Consider getting legal advice to understand your rights and how the process works. The court forms may seem simple enough, but you may get greater peace of mind by collaborating with an attorney who can guide you step-by-step. You could jeopardize your case if you fail to follow the correct procedures, such as providing proof of service or serving the papers with a process server.

Waiting Periods

The filing requirements for a divorce vary significantly by state. Some states make it quick and easy to get a divorce, while others require waiting periods that vary widely, with some states having no waiting period and others requiring several months before a judge can issue a final divorce decree. A waiting period may require you and your spouse to live apart for a minimum duration, such as 30 days, before finalizing the divorce.

Residency Requirements

To petition for a divorce, you must be a resident of a state for a specific duration of residence before you can file your case in a family court. The residency requirement may be based on a specific duration of residence. For example, state law could require you to reside in a state for a period of days, months, or even up to one year. Some states, like Texas or Wisconsin, also require filers to reside in the county where they are filing for divorce.

There may be some exceptions to the residency requirement. For example, military members can file for divorce in the state where the respondent resides, the state where they are stationed, or the state where they claim residency.

Understanding Divorce Laws in Your State

In the past, states only allowed a couple to divorce based on a few reasons, such as the following:

• infidelity
• criminal conviction
• domestic violence
• abandonment

Now, all states allow for “no-fault” divorce. In a no-fault divorce, you or your spouse can end the marriage for any reason. You do not have to provide the specific grounds for divorce.

The spouse filing for divorce may need to state that there are irreconcilable differences or that the marriage is irretrievably broken. In such cases, the process can move forward even if the other spouse does not support the divorce. If you meet specific requirements, your state may allow for an annulment. An annulment is generally limited to a particular set of circumstances, such as a prohibited marriage or where the marriage was unlawful.

Uncontested Divorce

In a joint petition for divorce or an uncontested divorce, the spouses have generally worked out all the terms of the legal separation, including the following:

• child custody and visitation for minor children
• marital property division, including custody of pets
• alimony or spousal support
• child support

The court will ensure you meet the residency and filing requirements in an uncontested divorce. After the necessary waiting period, the court will issue a final order to dissolve the marriage.

A joint divorce petition may reduce public disputes, but divorce filings are generally public records, so complete privacy is not guaranteed.

Contested Divorce

A contested divorce occurs when you and your spouse cannot agree on all terms and conditions. A contested divorce may involve one or multiple disagreements over financial support, children, or marital and separate property.

A court may have to resolve the disputes, making the divorce take longer and cost more. The time to resolve a contested divorce may depend on the factors in dispute.

Gathering Necessary Documentation

Gathering the necessary documentation will help you and your legal counsel prepare for any hearing or mediation. In some states, you are required to mediate your case as part of the divorce process. Divorce mediation is when both parties meet with a neutral third party to reach a divorce settlement without court intervention.

Consulting with an attorney is helpful so you can have all the necessary documentation to prepare for your case. It can include the following:

• proof of residency
• marriage certificate
• prenuptial agreements (if applicable)
• bank statements
• proof of debts
• income tax returns
• information about children and their expenses

Gathering the necessary documentation for your case is a critical step.

Potential Costs Involved in Divorce

Like most things in life, the costs associated with divorce are highly variable. An uncontested divorce is generally faster and will incur lower attorney fees than a contested divorce because no further disputes require court hearings.

Costs involve legal fees for filing your case and any attorney fees that your attorney requires to provide representation. If you are experiencing financial hardship, you may apply for a fee waiver with the clerk’s office, though eligibility criteria vary by jurisdiction. However, the bulk of legal expenses required for divorce come from attorneys’ fees.

Talk to a Family Law Attorney First

You may have a lot of questions about hiring a divorce lawyer. An experienced divorce attorney can explain your rights and options, tell you how to file for divorce, and then guide you through your case, including negotiating with your spouse’s attorney, to make the process as easy as possible.