How to File a Divorce Petition
Filing for a divorce is a necessary first step in ending a marriage. Laws vary, but there are some basic steps to follow in almost all states. It may be beneficial to meet with a divorce lawyer or family counselor before filing for divorce to begin working through the dissolution of assets and property and to establish child custody. While it is possible to file for divorce without a lawyer, legal terms and conditions may be confusing and assistance can help speed the process.
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Instructions
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Legally separate from your spouse prior to filing for divorce for a period of six months or longer. Legal separation means that you do not share the same bedroom or have sexual relations during this time. You may remain in the same house together as long as you are not sharing a bedroom or having a sexual relationship. Legal separation is not necessary if you can prove spousal misconduct, which includes adultery, desertion or physical or mental abuse.
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Locate the court in the county in which you and your spouse reside. You can typically locate this information on your city's government website. Divorce is usually handled through family court, although in some states, such as California, the primary court (Superior Court) handles divorces. Check with the local county superior court to determine where you should file your divorce petition.
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Call the appropriate court to determine what other prerequisites exist prior to a divorce filing. Most states have a residency requirement of six months or more. Some states require that parents who are filing for divorce attend parent education classes before filing for divorce and that a certificate of completion must be presented. In addition, ask what paperwork is necessary to file for divorce. You may be required to provide financial information, including yearly salary, financial assets, property, insurance and federal tax returns.
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Determine if the divorce filing is uncontested, in which both parties agree to file for divorce, or contested, in which the party that disagrees must be presented with legal paperwork, respond with an answer, and then both parties usually must attend a hearing together. The court clerk can assist you with filing paperwork for an uncontested or a contested divorce.
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Establish temporary decisions for issues such as temporary custody of children, payment of child and spousal support, who will live in the primary residence and other financial concerns. Once established, these orders typically remain in place until the divorce is finalized.
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Go to the family court with all required paperwork and identification. Tell the person at the front desk that you are there to file for divorce and she will direct you to the correct location within the court to file the paperwork. Most courts charge a fee of $100 or more to file for divorce.
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Tips & Warnings
A divorce lawyer can answer questions and help you through the divorce process. The court clerk will not be able to provide legal advice.
References
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