Filing for divorce is never easy—emotionally or legally. But understanding the process can help you make clear, informed decisions during this difficult time. While divorce laws vary from state to state, most follow a general pattern with key steps in common.
In this guide, we break down how to file for divorce step-by-step, including specific notes by state to help you navigate local laws.
🔍 What You Need to Know Before Filing
1. Meet Residency Requirements
Every state requires that at least one spouse meets certain residency requirements before you can file for divorce. For example:
- California: One spouse must have lived in the state for at least 6 months and in the filing county for 3 months.
- Texas: One spouse must have lived in the state for at least 6 months and in the filing county for 90 days.
- New York: Multiple residency scenarios apply, including living in the state for at least 2 years.
✅ Tip: Always check your state’s specific residency rules before filing.
2. Choose the Type of Divorce
There are two main types of divorce:
- Uncontested Divorce: Both spouses agree on all major issues (property, custody, etc.)
- Contested Divorce: Spouses disagree and may require mediation or court intervention
Uncontested divorces are typically faster and less expensive.
3. Gather Necessary Information
To file properly, you’ll need:
- Marriage certificate
- Financial records (bank accounts, debts, income)
- Information about property and assets
- Child custody preferences, if applicable
📄 Step-by-Step: How to File for Divorce
Step 1: Complete the Divorce Petition
The process begins when one spouse (the “petitioner”) files a document known as a Petition for Dissolution of Marriage or similar.
The petition typically includes:
- Basic information about the marriage
- Grounds for divorce (usually “irreconcilable differences”)
- Proposed terms for child custody, support, and division of assets
🗂 Most states provide fillable divorce forms online or at the county courthouse.
Step 2: File the Petition with the Court
Take your completed petition and file it with the family or divorce court in your county. You will need to pay a filing fee, which ranges from $100 to $500 depending on your state.
Examples:
- Florida: ~$400 filing fee
- Ohio: ~$300 filing fee
- Illinois: ~$337 filing fee (Cook County)
💡 Low-income filers may qualify for a fee waiver.
Step 3: Serve the Divorce Papers
You must legally notify your spouse of the divorce by “serving” them the paperwork. You can use:
- A professional process server
- A sheriff’s deputy
- Certified mail (in some states)
The other spouse (“respondent”) then has a limited time (usually 20–30 days) to respond.
Step 4: Wait for a Response
If your spouse responds and agrees with the terms, the case may move forward as uncontested. If they contest, it may lead to mediation or a court hearing.
⚠️ If your spouse doesn’t respond, you may be able to request a default judgment.
Step 5: Negotiate a Settlement
If both parties agree on issues such as custody, alimony, and property division, they may sign a Marital Settlement Agreement.
In contested cases, courts often require:
- Mediation
- Temporary hearings to establish child or spousal support
- Discovery (sharing financial documents)
Step 6: Attend Court Hearings (If Required)
Some states require at least one court appearance, even for uncontested divorces. In other cases, judges review your paperwork and issue a ruling without a hearing.
Step 7: Receive the Final Judgment of Divorce
Once all issues are resolved, the judge will issue a Final Judgment of Divorce (or Divorce Decree). This document officially ends your marriage and outlines all legal agreements.
📌 Divorce by State: Key Differences
Each state has its own process nuances, forms, and timelines. Here’s a quick look:
| State | Waiting Period | No-Fault Divorce? | Online Filing Available? |
|---|---|---|---|
| California | 6 months | Yes | Yes |
| Texas | 60 days | Yes | Yes |
| New York | No wait | Yes | Yes |
| Florida | 20 days | Yes | Yes |
| Illinois | 6 months (if contested) | Yes | Yes |
🔗 Visit your state court website for the most up-to-date forms and instructions.
🧠 Common Questions About Filing for Divorce
How long does the divorce process take?
Anywhere from a few weeks (uncontested) to over a year (contested). Waiting periods and court schedules vary.
Do I need a lawyer?
For uncontested divorces, many people file without a lawyer. However, if children, property, or disputes are involved, hiring a lawyer is recommended.
What if my spouse doesn’t want the divorce?
You can still file. Most states allow no-fault divorce, which means you don’t need your spouse’s agreement to proceed.
Can I file for divorce online?
Yes—in many states, especially for uncontested divorces. Websites like your state’s court portal or legal services (e.g., LegalZoom) can help.
Final Thoughts
Filing for divorce can be an emotional journey, but it doesn’t have to be legally overwhelming. By understanding your state’s requirements and preparing each step, you can navigate the process with more confidence and less stress.
Law Advisor Pro is here to support you every step of the way with free legal resources designed to simplify the law—so you can focus on moving forward.
