Step 1: Check Residency Requirements
Before filing, confirm you meet your state's requirements. Check our state-by-state guide for specific residency periods.
Step 2: Gather Financial Information
You'll need documentation for your financial disclosure. Gather:
- Pay stubs (last 3-6 months)
- Tax returns (last 2-3 years)
- Bank statements for all accounts
- Retirement account statements
- Mortgage/loan balances
- Credit card statements
- Property appraisals or estimates
- Vehicle titles and values
Step 3: Complete Your Divorce Forms
Complete Your Forms Online
Guided questionnaire creates court-ready, state-specific forms
Step 4: File With the Court
Take your completed forms to the clerk of court in your county. You'll need to:
- Submit the original petition and required copies
- Pay the filing fee ($100-$400 depending on state)
- Receive your case number and stamped copies
Step 5: Serve Your Spouse
Your spouse must be officially notified of the divorce filing. Options include:
- Waiver of Service: Spouse signs voluntarily (cheapest and fastest)
- Sheriff/Process Server: Official hand-delivery ($50-$100)
- Service by Publication: If spouse cannot be located (last resort)
Step 6: Wait for Response & Negotiate
Your spouse typically has 20-30 days to file a response. If both parties agree (uncontested), you can proceed to draft and sign a settlement agreement.
Step 7: Complete Waiting Period
Most states have a mandatory waiting period before the court can finalize the divorce. This ranges from no waiting period (some states) to 120 days (Wisconsin).
Step 8: Finalize the Divorce
After the waiting period, submit the Final Decree of Divorce for the judge's signature. In some states, a brief court hearing is required. Once signed, your divorce is final.
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Get Your Divorce Forms →Filing for Divorce FAQ
The first step is confirming you meet your state's residency requirements. Then, complete and file a Petition for Divorce with your local court. You will need to pay a filing fee and arrange for your spouse to be served with the papers.
The time varies by state, type of divorce, and court backlog. An uncontested divorce can take 1-3 months after the mandatory waiting period. Contested divorces can take 6 months to 2+ years.
No. Many people file for divorce without an attorney, especially for uncontested cases. Online form services provide guided document preparation that meets court requirements. However, complex cases with significant assets or custody disputes may benefit from legal representation.
Your spouse does not need to agree to the divorce. If they refuse to sign a waiver of service, you can have them formally served through a process server or sheriff. If they don't respond within the deadline, you may be able to obtain a default judgment.