Filing for divorce is one of the most significant legal and personal decisions a person can make. The process can feel overwhelming, especially if you’ve never been through the court system before. While every state has its own specific requirements, there are general steps that outline the proper way to file for divorce. Understanding these can help you feel more prepared and confident as you move forward.

Step 1: Meet Residency Requirements

Before you can file for divorce, you typically need to meet your state’s residency requirements. This usually means that either you or your spouse must have lived in the state (and sometimes even the county) for a certain period of time. Residency rules vary, so be sure to check your state’s specific guidelines.

Step 2: Prepare the Divorce Petition

The first official step in filing for divorce is preparing and filing a divorce petition (sometimes called a complaint for divorce). This document outlines your request to the court, including:

• The reason for the divorce (grounds, such as irreconcilable differences)

• How you would like property, assets, and debts divided

• Requests for child custody, visitation, or support

• Requests for spousal support, if applicable

Your attorney can help ensure the petition is complete and accurate.

Step 3: File the Petition with the Court

Once your petition is prepared, you’ll file it with the appropriate family or circuit court. A filing fee is usually required, though fee waivers may be available in some circumstances. After filing, the court will assign your case a number and begin the legal process.

Step 4: Serve Your Spouse

After filing, you are required to legally serve your spouse with divorce papers. This ensures they are formally notified of the case. Service can be completed by a sheriff, process server, or in some cases, by mail if your spouse agrees. Proper service is critical; without it, the divorce cannot move forward.

Step 5: Await Your Spouse’s Response

Your spouse will have a set amount of time (often 20–30 days) to respond. If they agree with the terms, the divorce may proceed as uncontested—which is generally quicker and less costly. If they disagree, the case becomes contested, requiring further negotiation, mediation, or even trial.

Step 6: Resolve Issues and Finalize

Before the divorce can be finalized, all issues such as property division, custody, and support must be resolved. This may involve negotiation, mediation, or court hearings. Once agreements are reached (or a judge decides), the court will issue a final divorce decree, officially ending the marriage.

Final Thoughts

Filing for divorce requires careful attention to legal requirements and deadlines. While it may be possible to represent yourself, the process is often complex—especially if children, property, or disputes are involved. An experienced family law attorney can guide you through each step, protect your rights, and help you achieve a fair resolution.

If you’re considering divorce, start by understanding your state’s requirements and consulting with a trusted attorney. Taking the right steps early will ensure the process is handled properly and with as little stress as possible.

Contact Hecht Schondorf today for a free consultation.