Each state has its divorce forms which you can obtain from the state court website or at the courthouse. You can also choose to collaborate with an attorney who will file for you. You must use the specific forms for your state to file for divorce.
In general, you will file a petition or complaint for divorce and serve your spouse with it. This document seeks a divorce and explains what you are asking for in terms of the distribution of assets and debts, support, and child custody.
Furthermore, your spouse will be able to respond to the complaint or petition. Each side can then request discovery to obtain documents (such as bank statements) from the other. This information can be collected for both sides. Some states mandate that you attend mediation or at least have settlement meetings with court personnel.
Moreover, if your divorce does not settle, a trial is scheduled, and the judge listens to both sides and decides. If the divorce is complicated with a lot of assets or custody issues, it can take several days or weeks to complete the trial.
According to Family Legal Help online, the Complaint for Divorce is a required form. This form informs the judge and your spouse what you want out of the divorce. You are the Plaintiff and your spouse is the Defendant.
You will check boxes and fill in blanks to communicate with the judge and your spouse things stated below:
- What kind of child custody or visitation schedule you would like (if there are children);
- How much child support should be ordered (if there are children);
- How you would like to divide the property and debts;
- If alimony should be ordered;
- If you want to have a former name restored; and
- If you and your spouse have minor children together, fill out the “Complaint for Divorce – With Children.” If you do not have children together, fill out the Complaint for Divorce – No Children.”
Additionally, Summons is a form that is required. This form informs your spouse that you have filed for divorce. The form also communicates to your spouse that they must file a response within 21 days, or a default may be entered against them. Keep in mind that there is an optional injunction you can request when you file your papers.
The injunction prevents both you and your spouse from doing the following while the divorce case is going on:
- You cannot hide, sell, or dispose of community property;
- You cannot cancel or change the beneficiaries on any retirement accounts or insurance plans;
- You cannot harass each other, the children, each other’s relatives, or family pets; and
- You cannot relocate the children out of the state without written permission.
Remember that you will be legally prevented from doing all of the above things as soon as the Joint Preliminary Injunction is issued by the Clerk. Your spouse will be legally prevented from taking any of those actions as soon as they are served with the papers. If you would like this injunction issued, you must fill out and file the form below asking your state’s Clerk of Court to issue one.
What are the Requirements for a Divorce Filing?
States have various requirements about how long you have to live in the state before you can file for divorce, waiting periods after filing, and grounds for divorce. When you seek a divorce, you do not necessarily have to file for divorce in the state where you were married. Instead, you must meet the residency requirement for the state you reside in at the time you file for divorce.
Residency laws usually require you to live in the state for at least three months before filing, but this depends on each state, checking your state laws can be useful. If one spouse lives in another state, you may choose which state to file for divorce in.
Furthermore, your divorce is not going to be finalized immediately after filing the petition. Even if both parties agree on all terms, the state may mandate a waiting period before you can finalize the divorce. For instance, California has a six-month waiting period. Texas is shorter, with a 60-day waiting period. Some states may have longer waiting periods, specifically for couples with minor children. The waiting period is intended to be a time to allow emotions to cool down and decide if the couple is certain they want a divorce.
What are the Grounds for Divorce?
Each state has a set of grounds that you need to meet to file for a divorce. The grounds for divorce are considered to be the reason you are seeking a divorce. All states have no-fault divorce, which means neither spouse is blamed. However, most states offer grounds such as adultery, imprisonment, abandonment, legal separation, or inhuman treatment.
If you choose a ground other than no-fault you must provide proof. Moreover, the fees for divorce will vary among states. There are separate fees and waivers are available if needed. You can either pay by cash, money order, or most major credit or debit cards.
How Can I File the Necessary Documents?
Most states have an online e-filing system through the courts to complete the upload of the necessary documents. There will be fees associated with the account, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents as separate pdfs. Make sure you do not upload one pdf with all of the forms. This may delay the process, you need to follow all the instructions on the website to ensure a timely process.
Additionally, each form must be filed as a pdf, but you can upload all of them in one submission. The Summons must be uploaded with the proper filing codes or they will not be filed correctly. Carefully follow the E-Filing Guide to avoid mistakes.
Furthermore, you can choose to complete the necessary paperwork in person at the Family Courthouse. You also have the option to submit all the documents via mail and this can take up to 6-8 weeks to process.
Keep in mind that the court does not serve the papers for you. It is your responsibility to ensure the Defendant gets served after you file for divorce or your case could get dismissed. After you complete the first steps, you must find a neutral third person to hand deliver a copy of the summons and complaint (and anything else you filed) to the Defendant. There are other options if the Defendant cannot be found or served in person. Check the local state regulations on this to find more information
Lastly, you will have more forms to complete and file with the court to continue the divorce. The court will not notify you of your future steps. You will need to wait and let the paperwork process before continuing to another step in the divorce process.
When Do I Need to Contact a Lawyer?
All states have their guidelines on how to file for a divorce, the first step is to determine where the divorce will be filed and proceed from there. If you have any issues along the way do not hesitate to contact your local divorce attorney to assist you further in the process.
