Immediate Deadlines
- Spouse must respond to petition:20-60 days from service (state-dependent)
- Mandatory waiting period before final decree:0-12 months depending on state
- Financial disclosures exchange:Within 30-90 days of filing in most states
Documents You'll Need
- Marriage certificate
- Proof of state residency (utility bills, lease, ID)
- Tax returns (last 3 years)
- Financial account statements (bank, retirement, investment)
- Mortgage and property documents
- List of marital assets and debts
- Children's birth certificates and school records
Step-by-Step
Confirm residency requirement
Each state requires you (or sometimes your spouse) to have lived there for a minimum period before filing. Examples: Nevada 6 weeks (shortest), California 6 months in state + 3 months in county, Texas 6 months in state + 90 days in county, New York 1 year. File in the state and county that meets the requirement.
Choose grounds for divorce
All states allow no-fault divorce based on irreconcilable differences or irretrievable breakdown. Some states still allow fault grounds (adultery, abandonment, cruelty) which can affect alimony or property division in some jurisdictions. No-fault is faster, simpler, and more common.
Prepare and file the divorce petition
Complete the divorce petition form (Petition for Dissolution, Complaint for Divorce — name varies by state). State the basis for jurisdiction, residency, grounds, and what you're requesting (property division, custody, support). File with the family court clerk; filing fees range $100-$435 with waivers available.
Serve your spouse
Your spouse must be formally served with the divorce papers. Methods: personal service by sheriff or process server, acknowledgment of service if amicable, or service by publication if spouse cannot be found. Service starts the clock for their response.
Spouse responds (or defaults)
After service, your spouse has 20-60 days to file an Answer or Counter-petition. If they don't respond, you can request a default judgment. If they do respond, the case is contested and proceeds to discovery and possibly trial.
Negotiate or litigate property, support, custody
Address: property division (community property in CA/TX/AZ/WA/etc., equitable distribution elsewhere), spousal support (alimony), child custody and visitation, child support (state guidelines), debt allocation. Mediation often helps reach agreement; litigation goes through discovery, motions, and trial.
Final decree
Once all issues are resolved (by agreement or court order), the judge signs the Final Decree of Divorce. The marriage is legally dissolved on that date. Some states impose a waiting period before the decree (CA: 6 months minimum; TX: 60 days; FL: 20 days from filing in uncontested cases).
How This Varies by State
Residency: NV 6 weeks, AK 30 days, CA/TX/AZ 6 months, NY 1 year. Waiting periods: CA 6 months from service to finalization; TX 60 days; FL 20 days uncontested. Property: 9 community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) split marital property 50/50; other states use equitable distribution. Same-sex divorce is legal in all states post-Obergefell. Some states require parenting classes for parents.
Federal Law Considerations
Federal law affects: military divorces (Uniformed Services Former Spouses' Protection Act for retirement division), federal employee benefits, immigration status (conditional residence based on marriage), tax filing (innocent spouse relief, alimony deductibility post-2019 TCJA), and ERISA-governed retirement plans (QDRO required to divide).
Common Mistakes to Avoid
- Filing in wrong state or county (residency not met)
- Hiding or transferring assets (subject to fraud claims and sanctions)
- Agreeing to property division without knowing all marital assets
- Letting emotions drive litigation costs (settle when possible)
- Failing to update wills, beneficiary designations, and titles after divorce
Official Resources
Related Resources on This Site
Forms
- divorce petition
- financial affidavit
- marital settlement agreement
When to Get a Lawyer
- Any case with minor children
- Significant assets (retirement, real estate, business)
- Domestic violence concerns
- Spouse has hired a lawyer
Frequently Asked Questions
How much does divorce cost?
Do I need a lawyer for divorce?
Can my spouse stop me from getting divorced?
How long does divorce take?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.