How to File for Divorce in 2023

Michelle Wilson - May 3, 2023

By definition, divorce is the legal dissolution of a marriage contract. It is the process through which a married couple ends their relationship and legal obligations to one another.

Couples may choose to file for divorce for any number of reasons. However, infidelity, financial issues, communication breakdown, and irreconcilable differences are among the most common. According to online data, about 40-50% of marriages in the United States end in divorce. With many such marriages ending in divorce, knowing how to navigate the process and seek out available resources is essential.

Understand the Grounds for Divorce

Divorce laws and regulations vary from state to state. That said, authorities recognize that there are typically two types of divorce: no-fault and fault-based. Understanding the grounds for divorce in your state before you start the process is important.

No-Fault Divorce

A no-fault divorce is when neither spouse has to prove that the other is at fault for the divorce. Instead, the couple must cite “irreconcilable differences” or “irretrievable breakdowns” of the marriage. No-fault divorces are typically less expensive and faster than fault-based divorces. According to online data from the American Psychological Association, no-fault divorce laws were first introduced in California in 1970, with all 50 states in the United States now adopting these practices. As a result, the divorce rate in the United States has increased significantly in the last few decades.

While some argue that no-fault divorce laws have made it too easy to end marriages, others argue that they have provided a way for couples to move on from unfulfilling or toxic relationships without needing a legal battle.

Fault-Based Divorce

A fault-based divorce is when one spouse can prove that the other is at fault for the divorce. Fault-based grounds include adultery, abandonment, cruel treatment, and drug or alcohol abuse. In some states, fault-based divorce can impact property division or spousal support awards.

Residency Requirements

After determining the reason for your divorce, you must meet your state’s residency requirements. These residency requirements include being a state resident for a certain amount, usually six months to a year. Some states may have additional requirements, such as living in the county where you plan to file for divorce.

Waiting Periods

Many states also have to wait periods before they consider a divorce finalized. The waiting period can range from a few weeks to several months. You may be required to attend counseling or mediation sessions during this time. Knowing your state’s waiting period is important so you can plan accordingly.

Gathering Relevant Documents

Before filing for divorce, it’s essential to undergo a background check and gather all necessary documentation to ensure a seamless process. Being organized and having all the information ready will save you time and provide a clear picture of your legal and financial standing.

You will need to gather various forms, including your marriage certificate, which serves as proof of your legal union, and some financial documents such as bank statements, tax forms and other income, asset, and debt-related documents. The court will use the information provided in these documents to determine spousal support and property division. You may also require your children’s birth certificates, property deeds, and titles to finalize your divorce. Having these documents ready will make the divorce process smoother and less stressful.

Consider Hiring an Attorney

Hiring an attorney to help you file for divorce is an optional step that many find beneficial. For example, they can guide you through the process, help you understand your legal rights and responsibilities, and protect your interests throughout the proceedings. Additionally, an attorney can handle negotiations with your spouse or their attorney, alleviating much of the stress and tension associated with divorce. They can also help you prepare and file all the relevant paperwork and ensure all divorce steps are done correctly and on time.

When choosing an attorney, finding someone with experience in family law and divorce cases is important. Look for an attorney knowledgeable about your state’s laws and regulations and with a proven track record of successful handling of divorce cases. Choosing an attorney you feel comfortable working with is also essential, as you will discuss personal and sensitive information with them. You can schedule a consultation with potential attorneys to discuss your case and understand their approach.

File the Divorce Petition

After you compile all the necessary documents and determine that hiring an attorney is not necessary or feasible, it’s time to file the divorce petition. Here are the steps to follow:

Where to File

You will need to file the divorce petition in the appropriate court. Although the court will vary depending on the situation, it is typically the family or domestic relations court in the county where you or your spouse reside. Again this information exists online or by contacting your local courthouse.

Forms to Fill Out

You must complete several forms to file for divorce, including the petition for dissolution of marriage and a summons. The forms are available on the court’s website or in person at the courthouse. Make sure to carefully read and follow the instructions for filling out each form.

Serving the Papers to Your Spouse

Once the forms are complete and you file them with the court, you must serve them to your spouse. You can do this by delivering a copy of the paperwork to your spouse in person or by mail. Sometimes, you may need to hire a process server or ask the court to serve the papers on your behalf.

Filing the divorce petition is a critical step in the divorce process. It’s important to ensure you file in the correct court, complete the necessary forms accurately, and serve the papers to your spouse. If you still have questions or concerns, experts will recommend you bring on an attorney or ask the court for additional guidance.

Negotiate Divorce Settlements

Once you and your spouse have filed for divorce and completed the necessary steps, it’s time to negotiate the settlement. This process involves discussing and agreeing on property division, child custody, spousal and child support.

Finalize the Divorce

Once you and your partner agree on all the divorce settlement terms, you must sign the agreement. This agreement is a legally binding document outlining the divorce settlement terms. Both parties must sign the agreement before the courts can accept the submission. Once signed, parties can submit the agreement and the final paperwork to the court. This paperwork includes the divorce agreement and any other required forms and documents. Ensuring you complete all paperwork accurately and on time is important to avoid delays in the divorce’s finalization.

Working Towards a Fair Settlement

Filing for divorce is a complex and emotional process that requires careful consideration and preparation. While the steps outlined in this post can provide guidance, it’s important to seek help from trusted professionals such as attorneys or therapists. With their guidance, you can navigate divorce’s legal and emotional complexities and emerge on the other side with a fresh start.

It’s also essential to remember that divorce doesn’t have to be the end of your life. Although it’s normal to feel sad and uncertain about the future, divorce can also be an opportunity for growth and a chance to create a healthier, happier life for yourself. By filing for divorce and working towards a fair settlement, you can confidently and optimistically start the next chapter of your life.