How do you file for divorce?

Step 1: Check residency and where to file

Every state requires that at least one spouse has lived there for a minimum period before filing — from six weeks in Nevada to six months in California and many other states, and up to a year or more in some. You usually file in the county where either spouse lives. If you recently moved, you may need to wait or file in the state you left.

Step 2: Choose the grounds

All states allow a no-fault divorce, based on irreconcilable differences, an irretrievable breakdown of the marriage, or living apart for a set period. About two thirds of states also still allow fault grounds such as adultery, cruelty or abandonment. Fault rarely changes the outcome today, and alleging it tends to raise costs, so most people file on no-fault grounds.

Step 3: Prepare the paperwork

The core document is the petition, which lists basic information about the marriage, any children, and what you are asking for: division of property and debts, custody and parenting time, child support, spousal support, and sometimes restoration of a former name. Most states also require:

• A summons that tells your spouse how long they have to respond.
• A cover sheet or case information form.
• A custody jurisdiction declaration (UCCJEA) if you have children.
• Financial disclosure forms, either with the petition or soon after.

Court websites and self-help centers publish these forms, often with instructions. Online document services can fill them in for simple cases.

Step 4: File and pay the fee

File with the clerk of the family, domestic relations, circuit or superior court, depending on the state. Many courts now accept electronic filing. Fees generally range from about $100 to $450; if you cannot afford the fee, ask for a fee waiver form. The clerk stamps the papers and assigns a case number.

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Step 5: Serve your spouse

Your spouse must receive the papers in a legally valid way — usually personal delivery by a sheriff, a professional process server or any adult who is not a party. Many states allow your spouse to sign an acceptance of service instead, which is cheaper and less confrontational. If your spouse cannot be found, the court may allow service by publication or other methods after you show you searched. Proof of service must be filed with the court.

Step 6: The response and what follows

Your spouse typically has 20 to 30 days to respond. If they agree, the case proceeds as uncontested: you sign a settlement agreement, submit it with any required disclosures, and the court enters a final judgment after any waiting period. If they do not respond at all, you can usually request a default judgment. If they contest, the case moves into negotiation, mediation, discovery and, if necessary, trial.

Joint filing

Several states let spouses who agree on everything file a joint petition together, skipping formal service. Some have simplified procedures for short marriages without children or significant property.

Temporary orders

If you need immediate arrangements for custody, support, bills or who stays in the home, you can ask the court for temporary orders when you file or soon after. In many states, filing also triggers automatic restraining orders that stop either spouse from selling assets, canceling insurance or taking children out of state while the case is pending.

Before you file

• Gather tax returns, pay stubs, bank, retirement and credit card statements, and loan documents.
• Make copies of important records and keep them somewhere safe.
• Open an account in your own name if you do not have one.
• If there is any risk of violence, speak to a domestic violence advocate and consider a protective order first.

Do you need a lawyer?

Not legally. Many people file uncontested divorces themselves. A lawyer is strongly advisable when there are children and disagreement, significant assets or debts, a business, retirement accounts to divide, or a spouse who already has a lawyer. Even in a do-it-yourself case, paying for one lawyer review of the final agreement is inexpensive protection.