1. Confirm you meet residency rules
Every state requires that you or your spouse has lived there for a minimum period before you can file. Check your state’s guide for the exact requirement and whether county residency also matters.
2. Prepare and file the petition
The petition (sometimes called a complaint) states the grounds for divorce and what you are asking the court to decide — property, support, custody. You file it with the clerk of the appropriate court and pay a filing fee, or request a fee waiver.
3. Serve your spouse
Your spouse must be formally notified. This is usually done by a sheriff, a professional process server, or by your spouse signing an acknowledgment of service.
4. Exchange financial disclosures
Most states require both parties to disclose income, assets, and debts. Accurate disclosures are the foundation of any fair settlement.
5. Negotiate, mediate, or litigate
Most divorces settle. If you can’t agree, the court may order mediation before scheduling a trial.
6. Finalize the decree
Once the waiting period passes and all issues are resolved, a judge signs the final judgment or decree. Keep certified copies — you’ll need them to update titles, accounts, and your name.
Rules differ by state. Find your state’s guide.
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