How do I file for divorce?

Filing for divorce generally follows a similar process in most states, though specific requirements vary by jurisdiction. The basic steps typically include the following.

First, you need to meet your state's residency requirements. Most states require that you or your spouse have lived in the state for a certain period, commonly six months to one year, before you can file there. Some states also have county residency requirements.

Second, you will need to prepare and file a petition for divorce (sometimes called a complaint for divorce) with your local court. This document identifies you and your spouse, states the grounds for divorce, and outlines what you are requesting in terms of property division, custody, and support.

Third, your spouse must be formally notified of the filing, a process called service of process. This is typically done by a process server, sheriff, or in some cases by certified mail. Some jurisdictions allow service by publication if the spouse cannot be located.

Fourth, your spouse has a period of time to file a response, usually 20 to 30 days. If they do not respond, you may be able to obtain a default judgment.

From there, the process moves into negotiation, discovery, and potentially mediation or trial, depending on whether issues are contested.

DIVORSAY's state-specific guides walk you through the filing process for your state step by step. Our Auntia AI can answer specific questions about filing requirements where you live.