How Do I File for Divorce?
When two people decide to end their marriage, they must file for divorce through their local circuit or superior court. They need to decide how to split their finances, property and the custody of their children. Filing for a divorce requires numerous forms and paperwork, which can make the process stressful and confusing. Many couples hire a divorce lawyer or seek online legal assistance to help them do it.
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Instructions
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Speak with your spouse. If possible, discuss with your husband or wife how to divide your assets and how to care for your children, if you have any. If you have kids, you should talk about child support and visitation rights. Try to reach a compromise over these matters to make your divorce move quickly through the system. A bitter and angry divorce will take more time to resolve and can become expensive.
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Gather important documents. To obtain a divorce, you will need to present various personal and work-related paperwork to the court. Locate documents pertaining to any property you own (like a deed to your house), your checking and savings account information, any debts you owe and retirement paperwork. Make copies of all of your documents and keep the originals in a safe place.
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Seek legal assistance. A divorce lawyer will help you fill out the necessary paperwork and will fight on your behalf to reach the best settlement. Lawyer fees can be expensive, and some people choose not to hire a lawyer. If you are filing a no-contest divorce, various online businesses can help you complete the necessary documents. Alternately, you can choose to meet with a lawyer once or twice for legal advice. If your spouse hires a divorce lawyer, however, it may be in your best interest to find a lawyer too.
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Decide what type of divorce you will seek. In a no-fault divorce, a couple does not need to state the reason for their divorce beyond "irreconcilable differences" or "incompatibility." In a fault divorce, at least one spouse needs to state that the marriage failed due to a specific reason, such as adultery, cruelty or desertion.
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Locate the proper court to file your divorce papers. Since state courts have jurisdiction over divorce proceedings, you will need to file your papers with the superior or circuit court in your county or district. Contact the courthouse in your area and ask about how to file for a divorce. (This is typically called a divorce petition or complaint.) Ask what paperwork you need to fill out and how to obtain these documents. If you have hired a divorce lawyer, your lawyer will handle this step.
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File for your divorce. Either you or your spouse must file a divorce petition with the proper court. Typically, the spouse seeking the divorce is the one who files the petition, but you and your spouse (along with your lawyers) can decide who should do this. The petition itself will include information about your names, addresses, state residency and grounds for divorce.
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Serve the petition to your spouse. If you filed the divorce petition, you must provide a formal copy of the paperwork to your spouse. The court will provide you with a stamped copy of the petition to give to your husband or wife. The petition must be served to your spouse in a legal manner, which means you may have to hire a server to deliver the documents.
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Provide proof of service to the court. If you filed the initial divorce petition, you must prove to the court that you served the papers to your spouse. You will need to show how and when the documents were served.
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Tips & Warnings
Try to be reasonable with your spouse. If you are able to compromise on important issues, your divorce can proceed quickly and smoothly.
Do not move to another state or country until your divorce is final. While it might be tempting to find a new job in a new city as soon as possible, an out-of-state move can complicate your divorce proceedings.
