How to File for Divorce

For whatever reason, the time has come in your marriage to file for divorce. Whether this change in marital status leaves you with a sense of relive or uncertainty, it is important as you go through the process to pay attention to detail and be well educated in the course of action required.

Difficulty: Moderate

Instructions

1. Find a lawyer. Even if you and your soon to be ex-spouse agree to the divorce and the division of assets, it is still a legal process and it is good to consult with a family lawyer at least once during the process.

2. Verify with whom the petition you need to file for divorce should be filed within the "circuit" or "superior" court in your county or district. This can be done by calling your local court house and asking. In some states you will be connected to family court and in other states the clerk can provide you with the info.

3. Decide if you are going to be filing for a no-fault divorce, often referred to as "irreconcilable differences," or if you are going to file for a grounds divorce, which implies one person is responsible for the failure of the marriage.

4. Choose which person is going to file the initial petition. For some couples this makes no difference and in other couples one person is seeking the divorce. It does not matter who files this paper work, but someone must.

5. File papers for temporary custody and support at the same time if you have children with your soon to be ex-spouse. You do not want your divorce to have a negative effect on the kids.

6. Have proof, called the service of process, to show that a copy of the divorce papers were served to your spouse or his/her lawyer. It is best to have the papers served in a dignified manner, such as in the evening or to the lawyer's office. Do not have the papers served to your spouse at work.

Tips & Warnings

• Divorce can be difficult for all those involved, including you, friends and family members. Keep this in mind during conversations and gatherings. You may need and want to talk about the process, but be sure it is an appropriate occasion.