Despite some minor variations from state to state, the basic procedures for filing a divorce are largely the same in all United States jurisdictions. Failing to complete these steps in a satisfactory manner can result in your divorce case being improperly commenced. If that occurs, you face the prospect of your case being terminated and even the imposition of sanctions imposed by the court. Typical sanctions include a monetary penalty assessed against you.
Legal Representation
An initial step for filing a divorce involves determining whether or not you desire to retain legal counsel. You have the right to proceed with a divorce case on your own or with an attorney, according to the American Bar Association Section of Family Law.
Electing to proceed on your own--which legally is known as "pro se"--take advantage of forms and guidelines available from the clerk of the court in the county where you intend to file your case. Court clerks typically maintain a selection of standard forms required to initiate and pursue a divorce case.
If you decide to retain an attorney, local and state bar associations maintain directories of lawyers in private practice. Additionally, these organizations provide resources through which you can contact a legal aid group that provides low- or no-cost legal representation to individuals unable to hire a lawyer. Contact information for these associations is available through the American Bar Association (see Resources).
Select a Type of Divorce
In a majority of jurisdictions in the United States, you can select from either a no-fault or a fault divorce. A no-fault divorce is a type of marriage dissolution proceeding through which you do not demonstrate any wrongdoing on the part of your spouse, according to Cornell University School of Law. Rather, you allege that you and your spouse have irreconcilable differences with no reasonable hope for a reconciliation. Irreconcilable differences mean that you and your spouse no longer can live together as a husband and wife.
In a fault divorce, you must allege and ultimately prove that your spouse is guilty of some sort of marital wrongdoing. Examples of misconduct include adultery, intentional abandonment and abusive conduct.
Prepare Paperwork
The document required to file a divorce is the petition or complaint for divorce, according to "Nolo's Essential Guide to Divorce." The petition or complaint sets forth the basic facts associated with your marriage as well as those connected with your reason for seeking a termination of your marriage. Again, if you do not retain a lawyer, obtain a standard form petition or complaint from the court clerk. Along with the form you receive guidelines outlining how you specifically complete the document.
File Petition or Complaint
Upon completing the petition or complaint form, take the document to the clerk of the court in the county where either you or your spouse reside. You will pay the filing fee when you present the petition or complaint to a member of the court clerk's staff. The filing fee varies from one court to another. In some cases, if you demonstrate financial hardship, the filing fee can be waived.
References
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
