Divorce is one of life’s most emotional and challenging experiences—both legally and personally. Whether you’ve reached a mutual decision with your spouse or are facing the process unexpectedly, knowing how to file for divorce in your state can make the journey clearer and less overwhelming.
This comprehensive guide walks you through the entire process step-by-step, explaining everything from residency requirements and paperwork to filing fees and serving your spouse. You’ll also find practical tips and answers to frequently asked questions so you can approach your divorce with confidence and peace of mind.
Understanding Divorce: The Basics
A divorce (also called a dissolution of marriage) is the legal process that ends a marriage. Once finalized, both parties are considered single again and can remarry if they choose.
Each U.S. state has its own divorce laws, but the general process and requirements share many similarities. Understanding these basics helps you prepare for the journey ahead.
Types of Divorce
Before filing, it’s important to understand what kind of divorce you’re pursuing. The type determines the complexity, duration, and cost of your case.
| Type of Divorce | Description | When It Applies |
|---|---|---|
| Uncontested Divorce | Both spouses agree on all major issues, such as property division, alimony, and child custody. | Ideal for amicable separations. Fastest and least expensive. |
| Contested Divorce | Spouses disagree on one or more issues, requiring court intervention. | Common when disputes arise over assets or custody. |
| No-Fault Divorce | Neither spouse blames the other for the breakdown of the marriage. Grounds are typically “irreconcilable differences.” | Available in all states. Most common modern form. |
| Fault Divorce | One spouse alleges misconduct (e.g., adultery, abuse, abandonment). | Still recognized in some states but less common today. |
| Simplified Divorce | A streamlined process for couples with no children and limited assets. | Ideal for short-term marriages and mutual agreements. |
Residency Requirements: Can You File in Your State?
Every state requires you or your spouse to be a resident before you can file for divorce. Residency laws vary widely.
| State | Minimum Residency Requirement |
|---|---|
| California | 6 months in the state, 3 months in the county |
| Florida | 6 months in the state |
| Texas | 6 months in the state, 90 days in the county |
| New York | 1 year if either spouse lived there during the marriage |
| Illinois | 90 days before filing |
| Pennsylvania | 6 months in the state |
If you’ve recently moved or are living apart from your spouse, check your local county court website to verify residency rules before filing.
Step-by-Step: How to File for Divorce in Your State
While procedures vary by jurisdiction, the divorce process typically follows the same core steps. Below is a detailed guide on what to expect.
Step 1: Decide What Type of Divorce You’re Filing
Ask yourself:
-
Do you and your spouse agree on major issues (property, custody, support)?
-
Are there children or shared debts?
-
Do you want to file based on fault or no-fault grounds?
If both parties agree, an uncontested divorce may save time and money. Otherwise, you’ll need to file a contested divorce, which involves court hearings and possibly a trial.
Step 2: Prepare and Complete the Divorce Forms
You’ll need to fill out several state-specific divorce forms. These can typically be downloaded from your state’s judicial website or obtained directly from your local family court clerk.
Common forms include:
-
Petition for Divorce (Complaint for Divorce) – the document that initiates the process
-
Summons – notifies your spouse of the divorce filing
-
Financial Affidavit – lists income, expenses, debts, and assets
-
Parenting Plan (if children are involved)
-
Marital Settlement Agreement (for uncontested cases)
💡 Tip: Use your state’s self-help divorce center or court assistance programs for free guidance on completing the correct forms.
Step 3: File the Divorce Papers with the Court
Once you’ve completed your paperwork, file them with the clerk of the court in your county of residence.
You’ll typically need to pay a filing fee, which varies by state.
| State | Average Filing Fee |
|---|---|
| California | $435–$450 |
| Texas | $250–$350 |
| Florida | $400 |
| New York | $335 |
| Ohio | $250 |
| North Carolina | $225 |
If you can’t afford the fee, most courts offer a fee waiver option based on income.
After filing, the clerk will assign a case number and stamp your documents.
Step 4: Serve Your Spouse
Legally, your spouse must be notified that you filed for divorce. This is known as “service of process.”
You cannot serve your spouse yourself; it must be done by:
-
A sheriff’s deputy
-
A licensed process server
-
A neutral third party over 18
-
Certified mail (in some states)
Once served, your spouse typically has 20–30 days to respond.
If they don’t respond, you may request a default judgment, meaning the court can finalize the divorce without their participation.
Step 5: Await the Response (or Default Judgment)
Your spouse’s response will determine how the divorce proceeds:
-
If they agree → you may file a joint settlement agreement.
-
If they disagree → the case becomes contested and may require mediation or court hearings.
The timeline varies: uncontested divorces can finalize in 1–3 months, while contested cases can take 6–12 months or more.
Step 6: Exchange Financial Information
Both parties must disclose financial information, including:
-
Income and employment details
-
Property and assets
-
Bank accounts and investments
-
Debts and liabilities
This ensures transparency when dividing property, determining alimony, or setting child support.
Failure to disclose assets can lead to legal penalties or reversal of the divorce decree.
Step 7: Negotiate a Settlement (or Attend Mediation)
Before going to trial, most states require mediation—a neutral process to help couples reach agreements outside court.
Issues typically covered include:
-
Property division
-
Child custody and visitation
-
Spousal support
-
Debt responsibility
If you reach a settlement, both parties sign a Marital Settlement Agreement outlining the terms. The court must approve it before finalizing the divorce.
Step 8: Attend Court Hearings (If Necessary)
If your divorce is contested, you may need to attend one or more court hearings.
During these hearings:
-
Both spouses present evidence and testimony.
-
The judge reviews all information and makes final decisions on unresolved matters.
⚖️ Tip: Hiring a family law attorney is highly recommended for contested divorces or cases involving significant assets or custody disputes.
Step 9: Final Judgment and Divorce Decree
Once the court reviews and approves your case, it issues a Final Judgment of Divorce (also called a Divorce Decree).
This document legally ends the marriage and outlines:
-
Division of assets and debts
-
Custody and visitation schedules
-
Child and spousal support orders
Keep several certified copies for your records—you’ll need them for:
-
Changing your name
-
Updating tax and financial accounts
-
Modifying child support later
Key Divorce Terms You Should Know
| Term | Definition |
|---|---|
| Petitioner | The spouse who files for divorce. |
| Respondent | The spouse who responds to the filing. |
| Decree of Divorce | The final court order legally ending the marriage. |
| Alimony (Spousal Support) | Payments made by one spouse to the other after divorce. |
| Child Support | Financial support for the care of children. |
| Equitable Distribution | Fair (not always equal) division of marital property. |
| Community Property | Assets and debts acquired during marriage are equally shared. |
| Mediation | A non-court process to resolve disputes with a neutral third party. |
Special Considerations When Filing for Divorce
Every divorce is unique. Here are a few factors that may affect your process:
1. Divorce with Children
You’ll need to address:
-
Legal and physical custody
-
Child support calculations
-
Parenting time schedules
Most states require Parenting Plans and Parent Education Classes before finalizing divorce.
2. Military Divorce
Military divorces have additional federal rules:
-
Active-duty members are protected under the Servicemembers Civil Relief Act (SCRA).
-
Pensions and benefits are divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
You may need to file in the state where either spouse resides or is stationed.
3. Same-Sex Divorce
Same-sex couples follow the same legal process as heterosexual couples. However, unique challenges may arise in states with outdated statutes or custody disputes involving non-biological parents.
4. Divorce Without a Lawyer
It’s possible to file for divorce without an attorney (known as pro se divorce)—especially in uncontested cases.
You can find free or low-cost legal aid through:
-
Local court self-help centers
-
Legal aid societies
-
Online document preparation services
Still, consulting a lawyer for at least one session can help you avoid costly mistakes.
Average Timeline for Divorce by State
| State | Average Time (Uncontested) | Average Time (Contested) |
|---|---|---|
| California | 6 months (mandatory waiting) | 12–24 months |
| Texas | 60 days minimum | 6–18 months |
| Florida | 3–4 months | 9–15 months |
| New York | 6–9 months | 1–2 years |
| Ohio | 30–90 days | 6–12 months |
Timelines depend on local court schedules, waiting periods, and the complexity of disputes.
Cost of Filing for Divorce
Divorce costs vary significantly based on complexity, attorney fees, and whether the case is contested.
| Type of Divorce | Estimated Cost Range |
|---|---|
| Uncontested (DIY) | $200–$800 |
| Uncontested (with lawyer) | $1,000–$3,500 |
| Contested (with disputes) | $5,000–$15,000+ |
| High-asset or custody cases | $20,000+ |
You can reduce costs by:
-
Agreeing on key issues before filing
-
Using mediation instead of litigation
-
Representing yourself in simple cases
Frequently Asked Questions (FAQs)
1. Can I file for divorce online?
Many states now allow e-filing for divorce paperwork, especially for uncontested cases. Check your local court’s website for eligibility and instructions.
2. What if my spouse doesn’t agree to the divorce?
In a no-fault divorce, your spouse’s consent isn’t required. Even if they refuse to participate, the court can issue a default judgment after proper notice.
3. How long do I have to be separated before filing?
Some states require a mandatory separation period, often 6 months to 1 year, before filing. Others allow immediate filing for no-fault grounds.
4. Can I get alimony after divorce?
Yes, if one spouse demonstrates financial need and the other has the ability to pay. Factors include:
-
Length of the marriage
-
Income disparity
-
Contributions to the household
5. What happens to our property and debts?
Courts divide assets based on either:
-
Community property (equal split) — e.g., California, Texas
-
Equitable distribution (fair but not equal) — e.g., New York, Florida
Separate property (owned before marriage or received as a gift/inheritance) is usually excluded.
6. How is child custody decided?
Judges base custody on the best interests of the child, considering:
-
Parental stability
-
Relationship with each parent
-
Work schedules
-
Child’s preferences (if age-appropriate)
7. Can we change divorce terms later?
Yes. You can petition the court to modify custody, child support, or alimony if circumstances significantly change (e.g., job loss, relocation, remarriage).
8. How can I protect myself financially before filing?
-
Open separate bank accounts
-
Document all assets and debts
-
Consult a financial advisor or divorce lawyer
-
Avoid large or suspicious transactions during proceedings