How To File For Divorce

Individuals who want to know how to file for divorce should seek legal advice from a divorce attorney for the most accurate information. Online resources including those provided by state judicial systems can also be helpful. Here is a basic overview of the steps for an uncontested no-fault divorce: The first step is to gather all the relevant paperwork regarding debts, assets and income. After this, the process of reaching a marital settlement agreement can begin. This agreement will outline financial, custody, support, and visitation expectations. Both parties must fill out a financial statement as well. An appearance, consent and waiver form may be used to inform the court that the parties do not wish to take the divorce proceedings to trial. All of these documents along with the actual divorce petition must be signed, notarized, and filed with the family court system. This will be the office of the county or district court. It may be called the circuit court or the superior court depending on the jurisdiction. Some states require a period of legal separation prior to granting a divorce and this can delay the finalization for a few months or as much as a year.

Fast Facts

  • Divorce documents cannot be served to a spouse directly by the person petitioning for the divorce. A third party must serve the papers.
  • In California, about 60% of divorcees do not hire a lawyer to assist them.
  • Alabama, Louisiana, New Hampshire, Tennessee and Virginia have very complex divorce laws that do not readily lend themselves to the use of a "do-it-yourself" divorce kit.

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