How Do I File Divorce Papers?

Did you file a petition in the court for a divorce?

Have you visited your family attorney for an initial consultation?

Have you filled out any forms that are required for filing a divorce?

Did you have a separation agreement with the other divorce filer?

Did you complete the divorce petition after filing all the documents?

Have you and the other divorcee signed the divorce petition?

Confirm that you are eligible to file for divorce in the state where you live. Each state has residency requirements that you must meet if you want to file for divorce in that state. Typically, you must have lived in the state for at least 6 months to a year.

Visit a family law attorney for a free initial consultation. Family law attorneys always provide a free initial consultation. Even if you don’t think you can afford an attorney, it’s still worth at least talking to someone about your case. They may be able to help you in a limited capacity for a reduced rate.

Check for forms you can use if you're filing on your own. Family courts in most states have forms you can fill out if you want to file for divorce without hiring an attorney. Typically you can download these forms from the website for your state's court system.

Reach a separation agreement if required. Some states require you and your spouse to come to a preliminary agreement on child custody, child support, and how you will divide your property before you can file for divorce. This agreement can be a temporary agreement between you and your spouse or one that you intend to make part of the final divorce judgment.

Complete your divorce petition. Through the divorce petition, you provide the court with information about yourself, your spouse, and your marriage. The petition is a document that formally asks the court to declare a legal end to your marriage.

Finalize and sign your divorce petition. After you've filled out the petition and other forms, read over them carefully and make sure all the information is correct. If you typed your information in the form, check for typos. Before you sign and date the forms, check if there is a notary block below the place where you're supposed to sign. If there is, don't sign your forms until you're in the presence of a notary.

If you have a child together with your ex-spouse, you may also request temporary orders for child support or spousal support. After this, take the documents to the court clerk who will hear the divorce and pay the filling fees and have your spouse served with the petition on the court's orders.