How to Begin a Divorce Proceeding
Though there are several Internet services promising easy online divorce, the fact is that ending your marriage is a significant legal step that you should take seriously. If you or your spouse has a lot of assets, if there is a great disparity in net worth, or if aspects of the divorce are contested, it's highly recommended that you consult an attorney. Otherwise, you can file for divorce yourself fairly easily.
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Instructions
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Check your state laws for residency requirement. The link titled "State Divorce Laws" in the Resources section below is a good starting point for finding the divorce laws in your state. The first important thing to find is where you can file for divorce. For example, most states require you to have been a resident of the state for at least six months to a year and that you file in the county where either you or your spouse resides.
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Determine grounds. States also vary in terms of the reasons you can file for divorce. The majority of states have either no-fault or "irreconcilable differences" divorce, which doesn't require proving any particular problem in the proceeding. In a few states you might still have to prove infidelity, criminality, abuse, failure to consummate or some other fault in your partner to get a divorce.
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File petition. The actual document that starts your divorce is fairly easy to complete and file. Basically, it requires the names of you and your spouse, the ground for divorce and your preference for how your joint property will be divided. If there are children, your preferences for custody should also be included. The state courthouse in the county where you can initiate proceedings should have a form petition you can fill out and file.
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Serve process. What really gets the divorce started, though, is not filing the petition, but serving the petition on your spouse. Some jurisdictions will allow you to pay the clerk to have a sheriff serve the petition, while others will require you to hire a private process server or sheriff yourself. Usually, you will be responsible for producing copies of the completed petition. Some states will also require you to complete more complex forms describing the marital property so they can be served with the petition.
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Tips & Warnings
Some counties, usually those near major urban centers, have expedited uncontested divorce for couples with few assets who have been married for a limited time and have no children. If you meet think you might these requirements look for more information at the website for the family law division of your county courthouse.
Several states have mandatory cooling-off periods that begin after service of process of the complaint during which divorce cannot be finalized. For example, in California the waiting period is six months. Though the spouses can be legally separated during this time, a divorce cannot be granted during a state's mandatory waiting period.
