How to File for Divorce: Step-by-Step Guide by State

Filing for divorce requires a petition, serving your spouse, waiting for response, negotiating settlement, and finalizing. Here's the step-by-step process and typical timeline.

Short answer: To file for divorce, you file a petition with the court, serve your spouse, wait for their response, negotiate or litigate disputed issues, and finalize the divorce through court order. The process takes 2-6 months for uncontested divorces, 6-18 months for contested ones.

Step-by-step: How to file for divorce

Step 1: Meet residency requirements

Most states require you to live there for a period before filing:

State	Residency requirement
California	6 months state, 3 months county
Texas	6 months state, 90 days county
Florida	6 months state
New York	1-2 years depending on grounds
Nevada	6 weeks

Step 2: Prepare and file the petition

The divorce petition (or complaint) includes:

Names and addresses of both spouses
Date and place of marriage
Grounds for divorce (no-fault in most states)
Requests for custody, support, property division
Filing fee ($200-$500 depending on state)

File at the courthouse in your county. You'll receive a case number.

Step 3: Serve your spouse

Your spouse must be formally notified. Options:

Personal service: Sheriff or process server hands papers to spouse
Service by mail: Certified mail with return receipt (some states)
Waiver of service: Spouse signs acknowledging receipt (cooperative divorces)

Your spouse then has 20-30 days to respond.

Step 4: Wait for response

Your spouse can:

File a response agreeing: Uncontested divorce proceeds
File a response disagreeing: Contested divorce, negotiation begins
Not respond (default): You may get everything you asked for

Step 5: Temporary orders (if needed)

If you need immediate arrangements for:

Custody and visitation
Child or spousal support
Who stays in the house
Access to bank accounts

File a motion for temporary orders. Hearing typically within 2-4 weeks.

Step 6: Discovery and negotiation

For contested divorces:

Discovery: Exchange financial documents, answer questions
Mediation: Court-ordered or voluntary sessions to reach agreement
Settlement negotiations: Lawyers negotiate on your behalf
Pretrial conference: Judge encourages settlement

Most divorces settle during this phase.

Step 7: Trial (if no settlement)

If you can't agree:

Each side presents evidence
Witnesses testify
Judge decides all disputed issues
Judgment entered

Trials are expensive and take months to schedule.

Step 8: Final divorce decree

Once terms are agreed or ordered:

Judgment or decree signed by judge
Waiting period ends (if applicable)
You are legally divorced

Divorce timeline by type

Type	Typical timeline
Uncontested, no kids	2-4 months
Uncontested with kids	3-6 months
Contested, settles	6-12 months
Contested, goes to trial	12-24 months

Add mandatory waiting periods in some states (30-90 days after filing).

What you need to file

Marriage certificate
Proof of residency (driver's license, utility bills)
Financial documents (taxes, pay stubs, bank statements)
Property documents (deeds, titles)
Debt information
Children's information (birth certificates, school records)
Filing fee

Uncontested vs. contested divorce

Uncontested: You agree on everything. File together or one files and the other agrees. Faster, cheaper, less stressful.

Contested: You disagree on custody, support, or property. Requires negotiation or trial. Slower, more expensive.

Do you need a lawyer?

You probably need a lawyer if:

Your spouse has a lawyer
You disagree on custody
Significant assets or debts
Business ownership involved
Complex retirement accounts
History of domestic violence

You may be able to self-file if:

You agree on everything
Simple finances
No children or custody is agreed
You understand the paperwork

Even for simple divorces, consider a lawyer review before signing.

Online divorce services

For truly uncontested divorces, online services ($150-$500) can:

Prepare your forms
Guide you through filing
Provide instructions for serving

They cannot:

Give legal advice
Represent you in court
Help if your spouse contests

The bottom line

Filing for divorce involves filing a petition, serving your spouse, negotiating or litigating, and finalizing through court order. Uncontested divorces take 2-6 months; contested ones take 6-18 months or longer. The more you can agree on, the faster and cheaper the process.