How to File for Divorce in the United States
Each U.S. state establishes its own rules, procedures and requirements for divorce. Nonetheless, the general divorce process is the same for most jurisdictions. Typically, the divorce case commences when one party files a petition for divorce with the court. The petition is then reviewed by a court administrator and then passed onto a judge who will proceed over your case. After your case is assigned to a judge, you will have the opportunity to present evidence in front of the court before the judge makes a final ruling on your divorce.
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Instructions
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Determine what jurisdiction should hear your case. You will need to file for divorce in the city or county where you or your spouse currently resides. To prove residency, you may be asked to show a driver's license, passport, lease, mortgage or copy of a utility bill.
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2
Research your state's minimum requirements for divorce. Some U.S. states require couples to separate for several months to a year before filing for divorce, while other jurisdictions allow for immediate dissolution of marriage. Before preparing any paperwork, talk to an attorney or the clerk of the court to verify how to proceed.
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Prepare a petition for divorce. The petition for divorce provides basic demographic information on you, your spouse and your children and asks the court to legally dissolve the marriage.
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List your reasons for divorcing. Your divorce petition must provide a description of the grounds on which you are divorcing. Although the allowable grounds are different for each state, most jurisdictions permit dissolution of marriage due to adultery, incarceration, abandonment, insanity and voluntary separation or irreconcilable differences.
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Fill out your financial paperwork. Along with your divorce petition, you will need to provide the court with a full accounting of your income, assets, debts and marital property. This will help the judge establish an equitable division of property and assist the court in calculating child support and alimony.
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Attend your court hearing. In most states, you must attend at least one hearing presided over by a judge or magistrate, at which point she will make a determination on whether to grant you and your spouse a divorce.
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