How to File for Divorce (Step by Step)

Filing for divorce follows roughly the same sequence everywhere: you confirm you meet your state's residency requirement, file a petition with the court, formally notify your spouse, exchange financial information, and either agree on terms or have a judge decide the ones you can't. The specific forms and deadlines vary by state, but the overall shape of the process doesn't.

Confirm you meet your state's residency requirement

Before you can file, most states require that you (or sometimes your spouse) have lived in the state for a minimum period, commonly somewhere between six months and a year, and often in the specific county for a shorter period on top of that. Filing before you meet this requirement can get your case dismissed, so it's worth confirming with your county court's website or self-help center first.

File the petition and pay the fee

The case starts when you file a petition (sometimes called a complaint) for dissolution of marriage at your county courthouse, along with the filing fee, typically $100 to $450 and waivable if your income qualifies. Most states also require you to state grounds for divorce; "no-fault" grounds like irreconcilable differences are by far the most common and don't require proving the other spouse did anything wrong.

Formally notify your spouse

Your spouse has to be legally served with the divorce papers. This isn't optional, even if you've already discussed the divorce. Service can happen through a process server, the county sheriff, or certified mail depending on your state's rules, or your spouse can sign a form accepting service voluntarily, which is common when the divorce is amicable.

Wait for a response, or move for default

Once served, your spouse typically has a set window (often 20 to 30 days) to file a response. If they don't respond in time, you can generally ask the court to proceed by default judgment, meaning the case moves forward based on what you've requested since your spouse didn't contest it.

Exchange financial information and negotiate the terms

Many states require both spouses to formally disclose income, assets, and debts early in the case, whether or not the divorce is contested. From there, you either reach a settlement agreement covering property, custody, and support (often with the help of a mediator), or, if you can't agree, the disputed issues get resolved at a trial.

Get the final decree

Once the terms are settled (by agreement or by a judge's decision) and your state's minimum waiting period has passed, a judge signs the final decree or judgment of divorce. At that point the marriage is legally over, and the terms in the decree (support, custody, property division) become enforceable court orders.

Frequently asked questions

Do I need my spouse's permission to file for divorce?

No. Either spouse can file for divorce without the other's agreement; the other spouse can contest specific terms, but can't block the divorce itself from happening in a no-fault state.

What happens if my spouse won't respond to the divorce papers?

As long as your spouse was properly served and the response deadline has passed, you can typically ask the court to proceed by default judgment.

Can I file for divorce online?

Many counties now offer e-filing, and several states have online tools to help prepare the paperwork. You'll still need to formally serve your spouse and follow the same procedural steps regardless of how you file.

What if I don't know where my spouse currently lives?

If you've made a genuine effort to locate them and can't, most states allow "service by publication" (running a notice in a newspaper) with the court's approval, though it's a more involved process.

Do I have to hire a lawyer to file?

No, self-representation (often called filing "pro se") is allowed in every state. Whether it's a good idea depends on how complex your situation is; simple, agreed cases are commonly handled without one.

What if my spouse and I live in different states?

You can generally file wherever either of you meets that state's residency requirement, but which state's laws apply to property and custody can get complicated. This is a situation where a consultation with a lawyer is worth the cost.

This guide is general information, not legal advice. Read our legal disclaimer before relying on anything here for your own situation.