How to File Divorce Papers

Member

By Peggy Hazelwood
User-Submitted Article

Article Rating: (4 Ratings)

File divorce papers yourself and save money.

To save money, many people file divorce papers themselves, without using a lawyer. When both you and your spouse can agree on the important factors, such as distribution of property, child custody and support, filing for divorce yourself may be a good option.

Knowing your rights is essential to protect yourself when you file divorce papers. Here's how to file divorce papers.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

Computer with Internet access
Divorce papers or forms

Step 1

Become familiar with your state's divorce laws and requirements. Search the Internet using these or similar words: file divorce papers in North Carolina. Of course, use your own state's name in the search terms.

See the Resources section below for a handbook on do-it-yourself divorce.
Step 2

Read the divorce requirements for filing divorce forms yourself. Each state generally has requirements in these areas:

- Residency. This means, for example, that one party had to have lived in the state where filing for at least six months.

- Grounds for divorce. Some states require the filing party to give a reason for wanting the divorce. Not all states require a reason. Some states are both no fault and fault states.

- Court name. Know the court name you'll use to file divorce papers. This is the court that will hear and decide your divorce case. This usually includes the division of court (such as district court) and the county name where you file.

- Primary documents. The customary divorce papers are the Complaint for Divorce and Decree of Divorce. Check your state's requirements.

- Numerous other factors must be considered such as distribution of property, child custody and/or support, name change, spousal support, and counseling and/or mediation requirements.
Step 3

Get the divorce papers or forms. You can buy divorce forms at office supply stores such as Staples or Office Depot or Office Max; download divorce papers online; or go to the county website where you will be filing to see if they have divorce papers you can use.

For information on how to get free divorce forms, see the Resources section.
Step 4

Next, fill out the divorce forms. You and your spouse should be in agreement about most, if not all, of the important factors to successfully file divorce papers without an attorney.

Meet in a neutral location to complete the divorce papers then agree on who will physically file the papers.
Step 5

Ensure you have the correct number of copies of your divorce papers before filing. Consult your county's website or call or visit the county office for detailed information such as this and locations where you can file divorce papers.
Step 6

File divorce papers in person at your county's locations. Check the hours they are open; the process may take several hours so arrive in plenty of time and be prepared to wait. Don't try to rush the process or get frustrated.

There is usually a filing fee, which you can get from the website or from a county employee you speak with ahead of time. Ask when you file divorce papers how long it takes until your divorce will be granted and any other pertinent questions you might have.