Filing for divorce can feel overwhelming, but knowing how to file for divorce by state can help you approach the process with clarity and confidence. While every U.S. state has its own legal system, most follow a similar path when it comes to dissolving a marriage. This guide will walk you through the process, from the first form to final judgment — with important notes tailored to your specific state.
Whether you’re filing on your own or with a lawyer, you’ll learn everything you need to know, including required documents, filing fees, service rules, and how to handle contested issues.
What to Know Before You File for Divorce
Before you start filling out paperwork, make sure you meet these general requirements:
1. Residency Rules
Each state has its own residency requirements. You usually need to live in the state — or have a spouse living there — for a specific amount of time before you can file.
- California: 6 months in the state, 3 months in the filing county
- Texas: 6 months in the state, 90 days in the county
- New York: Several residency options; most common is 2 years in-state
You can find up-to-date rules on your state’s court website.
2. Type of Divorce: Contested vs. Uncontested
- Uncontested Divorce: You and your spouse agree on all key terms — like property division, child custody, and alimony.
- Contested Divorce: You disagree on one or more terms and may need mediation or court intervention.
Uncontested divorces are faster, cheaper, and often less emotionally draining.
3. Gather Required Documents
Before filing, have the following ready:
- Marriage certificate
- Financial records (bank statements, income, debts)
- Property details
- Child custody plans (if applicable)
Being organized will help avoid delays or court rejections.
How to File for Divorce: Step-by-Step
Step 1: Complete a Divorce Petition
Start by filling out a Petition for Dissolution of Marriage (or equivalent). This form outlines:
- Names and info for both spouses
- Grounds for divorce (often “irreconcilable differences”)
- Requests regarding custody, support, and assets
Most courts offer fillable forms online. For example, California divorce forms are available via their state portal.
Step 2: File the Petition in Court
Submit your completed petition to your county’s family court. Filing fees vary by state:
- Florida: ~$400
- Ohio: ~$300
- Illinois (Cook County): ~$337
If you’re low-income, you may be eligible for a fee waiver.
Step 3: Serve the Divorce Papers
You must officially notify your spouse. This can be done through:
- A process server
- A sheriff’s deputy
- Certified mail (in some states)
After service, the respondent has 20–30 days to answer.
Step 4: Await Response or Request Default
- If your spouse agrees, your case moves forward as uncontested.
- If they disagree, expect mediation or court involvement.
- If no response is filed, you may ask the court for a default judgment.
Step 5: Reach a Settlement
If both spouses can agree, they sign a Marital Settlement Agreement covering:
- Division of property
- Alimony or spousal support
- Child custody and visitation
- Child support
Contested cases may involve court-ordered mediation, temporary hearings, or financial discovery.
Step 6: Attend Court Hearings (If Needed)
Some states require a court appearance for both contested and uncontested divorces. Others may allow finalization by mail if documents are complete.
Step 7: Receive Your Final Judgment
Once everything is resolved, the judge signs a Final Judgment of Divorce, officially ending the marriage. This order includes all binding legal terms.
Divorce by State: A Quick Comparison
| State | Waiting Period | No-Fault Divorce | Online Filing |
|---|---|---|---|
| California | 6 months | Yes | Yes |
| Texas | 60 days | Yes | Yes |
| New York | None | Yes | Yes |
| Florida | 20 days | Yes | Yes |
| Illinois | 6 months (if contested) | Yes | Yes |
For the most accurate forms, always check your local court’s website.
Common Questions About Filing for Divorce
How long does it take?
Uncontested divorces can take as little as 1–2 months, while contested ones may last over a year due to court hearings and negotiations.
Do I need a lawyer?
Not always. For simple cases, especially uncontested ones, you can file pro se (without an attorney). However, if there’s property, children, or disagreement, hiring a lawyer is highly recommended.
Can I file online?
Yes — many states allow online divorce filing. Services like LegalZoom or your court’s own portal can guide you.
What if my spouse doesn’t agree?
You can still file. All states allow no-fault divorce, which doesn’t require your spouse’s permission. The case may become contested, but it won’t be blocked.
Internal Resources to Help You Further
If your divorce involves related legal issues, check out these additional Law Advisor Pro articles:
- Understanding Child Custody: Legal vs. Physical Custody
- How to Modify an Existing Child Custody Agreement
- Alimony Explained: Who Pays and How Much
Final Thoughts
Learning how to file for divorce by state is a crucial first step in taking control of your future. With the right information and preparation, you can minimize stress and move forward with confidence — whether you’re handling the process alone or with professional support.
Law Advisor Pro is here to simplify legal topics and help you make informed decisions. Bookmark this guide, share it with someone who needs it, and feel free to explore more of our resources for navigating life’s legal challenges.
