Divorce

While divorce laws vary by state, here are the basic steps:

• First, you must meet the residency requirements of the state where you wish to file.
• Second, you must have a legally acceptable reason (ground) to end your marriage.
• Third, you must file divorce papers and have copies sent to (served on) your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
• Fourth, if your spouse disagrees with anything in the divorce papers, they will then have the opportunity to file papers telling their side. This is called “contesting” the divorce. In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse agrees with everything, they should sign the papers and send them back to you or the court. This is called an “uncontested” divorce. If a certain period of time passes and your spouse does not sign the papers or file any papers of their own, you may be able to move forward with the divorce as uncontested. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
• Fifth, if there is marital property that needs to be divided, or if you need alimony from your spouse, you will have to work that out in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.