Apply to Divorce Court

1. Apply to Divorce Court

Divorce is a stressful and emotionally draining experience. But in most cases, the procedure for filing for divorce is relatively simple. Although the specific rules vary by state, you typically begin the process by filing a petition with the family court in the county where you live. If the divorce is relatively amicable, you may be able to handle things on your own. However, if you and your spouse have communication problems or cannot agree on issues such as child custody and alimony or how to divide assets, you may need additional assistance from a lawyer. specializes in family law. Confirm that you are eligible to file for divorce in the state where you live

Each state has residency requirements that you must meet if you want to file for divorce in that state. Generally, you must have lived in the state for at least 6 months to a year. Some states require a longer residency period. However, exceptions are often made. For example, if the cause of divorce occurred in this state, you can file for divorce regardless of how long you have been in the state. You may not be able to file for a no-fault divorce in this situation. If you're concerned that you haven't lived in a state long enough to file for divorce there, talk to an attorney. The specific court where you file for divorce is usually in the county where you and your spouse live. If you and your spouse live in different counties, you may have to file the return in the county where your spouse lives. Tip: In addition to state divorce rules, the county where you file may have its own local rules and requirements. A local attorney can talk to you about this.

2. Consult a family law attorney for a free initial consultation

Family law attorneys always offer free initial consultations. Even if you don't think you can afford a lawyer, you should still talk to someone about your case. They can help you in a limited capacity and at a lower price.[1]
Many family law attorneys also offer sliding scales based on your income. This can help you pay for a lawyer. Legal aid offices sometimes provide free help in divorce cases. However, due to the need to use their services, they generally do not accept divorce cases unless there is violence.

3. Look for forms you can use if you're filing on your own.

In most states, family courts have forms you can fill out if you want to file for divorce without hiring a lawyer. You can usually download these forms from your state's court system website.[2]
If you download forms from your state's website, check with your local court and make sure there are no additional forms to fill out. Some local courts have their own forms, such as special cover sheets, that must be included. In general, there are different options if you and your spouse have children or own a home together. Make sure you have selected the correct forms. If you need help, your local family law court clerk's office can tell you which forms you need based on your circumstances. Tip: The court clerk can tell you which forms to get and show you how to fill them out, but cannot give you any legal advice about your specific situation. If you need advice, talk to a lawyer. Some courts also have family law advocates who can advise you free of charge.

4. Reach a separation agreement if necessary

Some states, such as Massachusetts, require you and your spouse to reach a preliminary agreement regarding child custody, child support, and how you will divide your assets before you can file for divorce. . This agreement may be a temporary agreement between you and your spouse or an agreement that you intend to include in your final divorce decree. If a separation agreement is needed, your state court's website will have information and forms you can use. At a minimum, a separation agreement will govern the relationship between you and your spouse until your divorce is finalized. If you and your spouse have difficulty communicating or have a history of violence, you can seek mediation services or hire a lawyer.

5 Complete your divorce petition 

Through filing for divorce, you provide the court with information about yourself, your spouse, and your marriage. A petition is a formal document asking the court to declare your marriage legally ended.[3]

If you've downloaded the online forms, you can enter your information directly into the form. If you work with paper forms, you can write down your answers. Print clearly and cleanly with black ink. To complete a divorce petition, you will need to provide information about your spouse, including their full legal name, date of birth, and current residence. If you don't have all of this information and don't know how to get it, talk to an attorney.

6 Complete and sign the divorce papers

After filling out the petition and other forms, read them carefully and make sure all information is correct. If you've entered your information into a form, check for spelling errors. Before signing and dating forms, check to see if there is a notary sign below where you must sign. If so, do not sign your form until you are in the presence of a notary public.[4]
Not all states require you to sign your form in the presence of a notary. However, many states require it if you are not represented by an attorney. When you visit a notary, you will need a valid government-issued photo ID so the notary can authenticate your identity. The notary will not read your form - their only job is to confirm that you are the person who signed the documents and that you did so voluntarily. Agreement on child raising time and property division
Image titled Divorce Documents, Step 12

7. Collect supporting documents

At a minimum, you will need an official copy of the original marriage certificate to accompany your divorce petition. Some states may require other documents, such as birth certificates for any children you and your spouse have. If you do not have a copy of your marriage certificate, you can request one from the vital records office in the state where you were married. If you got married in another country, such as in a destination wedding, you will need a marriage certificate from the state in which you registered as a couple after returning to the United States. Marriage certificates in most states can be ordered online through the VitalChek website at https://www.vitalchek.com/marriage-records. Copies typically cost less than $20. It may take up to 2 weeks for you to receive your copy in the mail, so please plan accordingly.

8. Complete the forms to request a temporary order if necessary

Through a temporary order, the judge can order your spouse to pay child or spousal support, or order them to pay certain bills while the divorce is pending. Yours is pending. If abuse has occurred or you fear for your safety, you can also get a temporary restraining order against your spouse. The temporary order is only in effect until the divorce is finalized. If you want the same arrangements to continue after your divorce, these details must be included in your final divorce decree.

9. Bring your form to the family court clerk

Once you have completed all the necessary forms, make at least 2 copies of the completed forms. Bring copies and originals to the court clerk who will hear your divorce.[5]
The clerk will stamp all of your submitted documents, then return 2 copies to you. One of these copies is kept for your records. The other must be given to your spouse. Tip: If you are filing for a temporary order, come to the clerk's office in neat, professional clothing. Bring any documents that may support these orders, such as pay stubs, tax returns, billing statements, or police reports. The judge may want to ask you questions before making a decision about your temporary order.

Q&A

Question 1: What are the initial steps to file for divorce?

Answer 1: The initial steps to file for divorce typically include gathering necessary documents, such as your marriage certificate, and determining the jurisdiction (court) where you should file based on your current residence or the location of your spouse.

Question 2: Is it possible to file for divorce without an attorney?

Answer 2: Yes, it is possible to file for divorce without an attorney, a process often referred to as "pro se" or "self-representation." Many people choose this option for uncontested divorces where both parties agree on key issues. However, it's advisable to seek legal advice, especially for complex cases.

Question 3: What documents and forms are required when filing for divorce?

Answer 3: When filing for divorce, you typically need to complete a divorce petition or complaint, provide your marriage certificate, financial information (including assets, debts, income, and expenses), and details about child custody and support arrangements if you have minor children. The specific forms may vary by jurisdiction.

Question 4: What is the general process for filing for divorce, and how long does it take?

Answer 4: The general process for filing for divorce involves preparing and filing the necessary documents with the appropriate family court, serving divorce papers to your spouse, and engaging in negotiations or court proceedings if needed. The duration of the divorce process can vary widely depending on factors like jurisdiction, case complexity, and whether the divorce is contested or uncontested. It can range from several months to several years.