Divorce

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

1. Meet the residency requirements of the state you want to file in.
2. Have a legally acceptable reason (“ground”) to end your marriage.
3. File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
4. If your spouse disagrees with anything in the divorce papers, they can file papers telling their side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. 

On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and return them to you or to the court. However, if your spouse fails to sign the papers or file an answer or any other response within the time the law requires, you may still be able to proceed with an uncontested divorce. 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.

In a divorce case, you can also address the following issues, if they are relevant to your situation:

• child custody and co-parenting;
• dividing up property, money, and debts; and
• spousal and child support.

You and your spouse may resolve these issues in an out-of-court settlement or through court hearings. You may want to have a lawyer review any agreement before you sign it. They can help make sure that you understand what you’re agreeing to and that all your rights are protected.