The decision to end your marriage probably did not come easily. You face even more complicated matters as you prepare to file a divorce case. Living in a state that permits you to pursue a no-fault divorce eliminates the need for you to demonstrate wrongdoing by your spouse, according to Cornell University Law School. Nevertheless, you must contend with specific court procedures to file a no-fault divorce without the assistance of an attorney.
Step 1
Visit clerk of the court in the county where you reside. Request a no-fault divorce petition form. Most court clerks maintain basic forms needed to pursue a divorce case. These forms come complete with necessary instructions.
Step 2
Complete the divorce petition, keeping in mind that you do not allege any misconduct by your spouse. The petition for a no-fault divorce includes language that you and your spouse experienced irreconcilable differences, with no reasonable hope for a reconciliation.
Step 3
Insert other basic information about your marriage, including where and when you wed, as well as the names, dates of birth and location of your children.
Step 4
Sign the divorce petition in front of a notary public.
Step 5
Return to the court clerk and file the petition seeking a no-fault divorce.
Step 6
Request the court clerk to direct the sheriff to serve the petition for divorce on your spouse.
Tips and Warnings
- Although you possess the right to file a no-fault divorce petition without legal representation, consider the benefits of hiring a lawyer. No-fault divorce laws and court proceedings represent complex legal matters. Hiring an attorney likely is advisable to best ensure the protection of your rights throughout the course of divorce proceedings. The American Bar Association maintains useful, consumer-friendly resources to assist you in finding and hiring a lawyer for your divorce case.
- A no-fault divorce case can be contentious, even though you do not argue about who caused the initial breakdown of the marriage. Many divorce-related issues raise emotions of spouses, including those associated with children and finances.
Things You'll Need
- Petition for divorce
References
- Cornell University Law School: Divorce Overview
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
