Divorce

Divorce laws vary by state, but here are the basic steps:

1. You or your spouse must live in the state or territory for enough time to meet the residency requirements.
2. You must have “grounds,” a legally acceptable reason, to end your marriage.
3. You must file divorce papers and have copies sent to 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. (Note: If your spouse is in a foreign country, you will want to consult with a lawyer about the laws for international service.)
4. Your spouse can disagree or agree with your divorce papers.

5. You will have to deal with the issues of marital property, finances, and children. As part of the divorce, the court will:

• divide up property, money, or debt from your marriage;
• decide whether either spouse gets spousal support during or after the divorce; and
• make an arrangement for child custody and child support for any children you have together.

If possible, you and your spouse can resolve these issues by agreeing to an out-of-court settlement. This type of agreement is usually made with the help of lawyers. If you can’t agree, or if it’s unsafe for you to deal with your spouse directly to discuss these issues, the judge will decide after a series of court hearings.