How to File for Divorce: The Basic Steps

Every state has its own forms and rules, but the path of a divorce follows the same general steps almost everywhere. Knowing them helps you plan and keeps surprises to a minimum.

1. Check residency and grounds

Most states require you or your spouse to have lived in the state for a set time before filing there. All states now allow some form of no-fault divorce, where you only need to say the marriage has broken down. Some also allow fault grounds.

2. File the petition

The spouse who starts the case files a petition (or complaint) for divorce in the county court, with a filing fee. If you cannot afford the fee, ask the court about a fee waiver. The petition lists what you are asking for: property division, support, custody and parenting time.

3. Serve your spouse

Your spouse must be formally served with the papers, usually by a sheriff, process server or another adult, or they can sign a form accepting service. They then have a set time to respond.

4. Exchange financial information

Both spouses usually must disclose income, assets, debts and expenses. Complete, honest disclosure matters; hiding assets can lead to penalties and reopened judgments.

5. Temporary orders

While the case is pending, either spouse can ask the court for temporary orders on custody, child support, spousal support, or who stays in the home.

6. Negotiate or go to court

Uncontested: if you agree on everything, you sign a settlement agreement and the court reviews it.
Contested: if not, there may be mediation, more discovery, and eventually a trial.

See contested vs. uncontested divorce.

7. Final judgment

The judge signs a final decree or judgment of divorce. Many states have a mandatory waiting period between filing and the final decree. Read the decree carefully and follow up on anything it requires, like transferring titles, dividing retirement accounts or changing beneficiaries.

Find a family law attorney near you.

This guide is general information, not legal advice. Divorce rules vary by state.