Divorce is a legal proceeding that formally dissolves a marriage. Making the decision to get divorced can be a long and emotionally draining process, and you might consider many consequences of divorce without thinking about the actual process of initiating the action. However, once the decision to divorce has been made, you made find that commencing a divorce proceeding is the easiest part of the process.
Step 1
Determine where you are legally entitled to file the petition. Sometimes more than one state or county has jurisdiction over a divorce proceeding. If you and your spouse reside in different states or counties, the courts of both states and counties may have jurisdiction over your divorce. Determining where to file the divorce petition is important because laws on divorce differ from state to state. Ffile for divorce in the location with laws most beneficial to your situation. If you are not sure which state or county has jurisdiction over your divorce action, consult a lawyer.
Step 2
File a petition for divorce with the court clerk once the jurisdiction has been determined. A divorce petition, also called a “complaint,” is a legal document that identifies the parties to the action and offers factual details about their backgrounds, including the length of their marriage, the names and number of children to the marriage, the spouses' occupations and a description of the marital assets. You can download a divorce petition form at online sites such as eDivorce Papers, or you can obtain one at the clerk’s office in the court in which you intend to file for divorce.
Step 3
Request a temporary order, if applicable. Because divorce actions can take a long time to be resolved, sometimes it is necessary to ask the court to make quick, temporary rulings on specific family or financial issues. For example, you may want to ask the court to determine who will have custody of the children during the divorce process, how much child support the non-custodial parent should pay, whether there should be any spousal support during the proceedings, and how bills and other financial concerns will be handled. If you have concerns such as these, file a temporary order with your divorce petition. Once approved, a temporary order usually stays in effect until the divorce becomes final.
Step 4
Make sure the petition is served on your spouse, and obtain proof of service. There are a number of ways to have the divorce petition served, including hiring a professional process server, sending it by mail or having a friend deliver it. However, not all methods are applicable in every state. Check with the court clerk or your lawyer as to the appropriate means of service in your state. If the divorce petition is not served in accordance with state law, your divorce cannot lawfully proceed.
Tips and Warnings
- You do not necessarily need a lawyer to get a divorce, but if you think your divorce will be protracted, complicated or contested, hire one at the outset.
