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Step 1
Gather your forms. You can typically pick up a divorce or dissolution packet that contains all of the forms that you will need to file your own divorce from the county clerks office or county courthouse. This packet on average will be approximately 50 pages long.
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Step 2
Get together all of your paperwork. When you file your own divorce (and even if you have assistance) you will need to have access to bank statements, mortgage papers, income (for both you and your spouse) and all other shared expenses or incomes that have been used together to support each other or the household.
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Step 3
Talk to your spouse. You want to see if you can come to an agreement, on your own, before you file as to how to split assets and bills or as to who will have custody of the children or any pets. If you are able to agree then the proceedings will move a lot smoother and you will be able to avoid some potential hang-ups.
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Step 4
Fill out your divorce papers completely and accurately, sign them and then double check them. All the information that you provide when you file must be accurate and filled out thoroughly.
Consider picking up a legal reference book from your local library that can help explain the legal terminologies that are used frequently throughout the forms. This will help prevent mistakes that can hinder the filing process and outcome. -
Step 5
If you go through a paid service such as helpyourselfdivorce.com or completecase.com you can omit steps 1 and 3 as you will enter your information online and they will fill out your forms for you and as required by the laws and specifications of your state. They then mail you or allow you to print off all of the completed forms, as well as instructions on what to do next and how to complete the filing of your own divorce.
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Step 6
Turn in your forms to the county clerk's office or courthouse and pay your filing fees - fees to file for divorce average around $150. You will then be mailed a duplicate of the forms that you submitted to them, so that you have a copy for your records and the future proceedings. You should also receive the date of your scheduled court hearing at this time.
**Note: When you file your divorce paperwork you must do so in a county where you or your spouse are considered a resident. There may be different requirements depending on your location as to what deems you a resident but typically means residing in that county continually for a minimum of 6 months to a year. -
Step 7
Notify the respondent (otherwise known as your spouse). Notification of your spouse is a key step in the filing process and one that needs to be done properly. The actual expectations and requirements for notification may vary from state to state so that is something to look into before or at the time that you file your paperwork.
Most often to notify the respondent you will mail a certified letter of notification to their home or last known address, hand deliver directly to them and have them sign a notice that they've received notification, hire a process server to serve the papers or have it published in the local paper of the city in which they reside. -
Step 8
When the court date comes make sure you bring all of your paperwork and are dressed respectfully whether the divorce is contested or uncontested the judge will have a final say in what happens so you need to be on your best behavior and give a good first impression.
Speak only when spoken to, refrain from any degrading comments to or about your spouse and always speak clearly and with respect.
Comments
karileighk said
on 7/12/2009 This would be painful to do. These are great steps if you have to go down this road.
sonni57 said
on 6/21/2009 Good advice on how to file for a divorce I've had a couple of them.