All states have minimum requirements for all divorce cases, meaning everyone must follow the same steps when filing for divorce. However, what is right for one person is often different from case to case. For example, if you are in an abusive relationship, you can also file a restraining order when you file for divorce. But, if you and your spouse want an uncontested divorce and are filing together, retraining orders are not what you need. Always talk to a lawyer for advice about your case.
Step 1
Get an attorney. Every state has different divorce laws, and hiring a lawyer is your best option for making sure your divorce complies with the law. Even if you cannot afford an attorney, you can try to get legal assistance from a local legal aid organization or try to find a lawyer offering pro bono services. You can still file without a lawyer, but courts often prefer parties that are represented by legal counsel to ensure everyone's rights are protected properly.
Step 2
Write your divorce petition. Each divorce starts with the filing of official papers with the court, alternately called petitions or complaints. Your petition must contain the information required by your state's divorce laws and it must ask the court to dissolve your marriage. If you and your spouse want to file together, additional rules may also apply.
Step 3
File your petition. Once your divorce papers are ready to go, you have to file them with the civil court clerk's office in the county where you or your husband reside. Contact the clerk's office beforehand and ask about filing fees or anything else you need to bring with you.
Step 4
Serve the divorce papers. You also have to ensure your spouse gets an official copy of the divorce petition. If you and your spouse are filing together, you can waive the service of process requirements, but you have to ensure you meet your state's service waiver rules.
