No-fault divorce does not require you to demonstrate any marital wrongdoing, such as adultery. Rather, you merely need to contend and demonstrate that you and your spouse suffer from irreconcilable differences, according to Cornell University Law School. You can pursue a no-fault divorce in a situation where your wife left the state, leaving you and your marriage behind. Because she resided with you in the state, you can file the divorce in the jurisdiction where you reside.
Step 1
Go to the clerk of the court in the county where you reside. Request a petition for no-fault divorce form. In some locations, the document is called a complaint for divorce. The typical court clerk maintains a selection of forms needed to pursue a divorce. You use the same petition for divorce form whether or not your wife is in the state.
Step 2
Complete the divorce petition form, using the guidelines provided by the court clerk. The petition itself is not a particularly complex document. You provide basic information about your marriage, property and children. Include the current address of your wife.
Step 3
Emphasize that your wife left the state and that you no longer live together. This separation is evidence of irreconcilable differences.
Step 4
Sign the divorce petition in front of a notary public.
Step 5
Return to the courthouse with the divorce petition. File the petition by submitting the document to a staff member. Pay the filing fee.
Step 6
Advise the court clerk staff member that your wife lives in another state. Request the court clerk to have the sheriff's department in the county where your wife lives to serve the divorce petition on her. You likely will be asked to fill out a simply form that requires your wife's address.
Tips and Warnings
- Consider hiring an attorney. Divorce cases that cross state laws tend to be more complex than proceedings where the parties live in the same jurisdiction. The American Bar Association maintains resources to assist you in finding an attorney.
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
- American Bar Association: Section of Family Law
