Once you make a decision to end your marriage, filing for divorce is a logical next step. If you do not know what to expect, this process can be scary and intimidating, adding even more stress to an already uncertain time. Taking the time to understand the steps in filing for divorce can make it less scary and put you in a better position for a positive outcome.
Get Information
Divorce laws and the process for filing for divorce vary, depending on the state in which you live. Most have a minimum 180-day residency requirement, but check the divorce laws for your state to make sure. Many states post forms online and allow you to file a simple or uncontested divorce without the help of an attorney. Whether or not you intend to use a divorce attorney, it is a good idea to schedule a consultation appointment to make sure you understand legal requirements and get answers to any questions you may have.
Obtain and File Forms
Filing for divorce requires a number of forms. If you are filing on your own, most states make these forms available online or at your county clerk's office, either individually or as part of a packet. Initial forms include a petition for divorce, a summons to serve notice of divorce on your spouse, and an acceptance receipt your spouse signs to acknowledge receipt of the summons.
Other forms can include a statement of marital and nonmarital assets, an income and expense statement, and a property settlement agreement. Forms you need to finalize your divorce include a notice of hearing and final decree. If you have minor children, you will need additional forms to include child custody assignment, an application for your state's child support services, and child support calculations.
After filling out required forms, you then file them at your local courthouse. If your spouse is cooperating with the divorce, you will not need a process server to deliver the summons, but can instead hand deliver or mail the form.
Fulfill Court Requirements
During the time between filing and finalizing, court requirements such as a waiting period, mandatory counseling, parenting classes, or family mediation take place. You finish work on property settlement arrangements and if necessary, attend a hearing to determine temporary child custody arrangements.
Schedule a Final Hearing
When you complete the waiting period and all preliminary requirements, you can schedule a court date for the final hearing. At this time, the judge will review child custody and property settlement arrangements and issue your final divorce decree, effectively dissolving your marriage.
