Nobody weds thinking the marriage will end up in a divorce. But if you do find yourself on the outs with your spouse, there is a way to legally divorce while minimizing the potential complications. A no-fault divorce could be a good choice if you are experiencing "irreconcilable differences" or your marriage is "irretrievably broken," common terms associated with the no-fault divorce.
Before You File For Divorce
Step 1
Hire a lawyer, if you decide you want a lawyer. Choose someone you feel comfortable with and someone you feel will look out for your interests. If you think you can agree with your spouse on how to divide property, custody and so on, you may not need to hire an attorney.
Step 2
State to your attorney the reasons you want a divorce. For a no-fault divorce, the reason does not need to go beyond the simple and generic "irreconcilable differences." If you choose to not hire an attorney, you can order all the necessary forms online and fill them out yourself for filing at a later date. You can state the reason, or grounds, for divorce as "irreconcilable differences," "incompatibility" or "irremediable breakdown of the marriage." There is no need to elaborate further.
Step 3
Gather information, such as financial records, pay stubs and investments. Make copies of these items and provide them to your lawyer, if you have one.
Step 4
Make a list of anything related to property that you own or property you believe belongs to you and your spouse. Provide a copy of the list to your attorney, if applicable. You will need it when time comes for the division of property.
Filing and What Comes After
Step 1
File a petition for divorce. You will typically have to file at the county clerk's office. Some states may require that you file for legal separation before filing for divorce.
Step 2
Pay the court costs. Any time you file anything with the county clerk, whether you do it yourself or through an attorney, you will have to pay court costs.
Step 3
Serve your spouse with the divorce papers. You will need to give the spouse physical evidence of the court filing and provide the court with proof that you did so. Most states do not allow the plaintiff to serve the defendant personally. So if you do not have an attorney, you will have to mail the papers or have them delivered by another party. Consult an attorney or your local statutes for details on what your state requires.
Step 4
Get a judgment. That means a finalizing of the divorce, which starts by signing the divorce papers. A judgment can be obtained in one of several ways. Those include by default, when the other party fails to respond after a predetermined period of time; by written agreement, when both parties agree on the terms outside of court; or by trial, at which point a judge will help you and your soon-to-be ex decide contested issues before finalizing the divorce.
Tips and Warnings
- Steps may vary slightly based on your state of residence. For example, in Virginia, a couple is required to be legally separated for at least one year before filing for divorce if they have minor children. Even if you choose to not work with an attorney, you should consult one to get a better understanding of the particular laws for your state.
