How to File for Divorce?

Each state functions differently in regards to individuals that file for divorce. As a general overview of what generally happens, there are things to consider before and after the actual filing for divorce and what situations to expect. Every divorce is different and filing for divorce can vary, especially if the individual decides to go to court Pro Se. Along with specific steps, each case will dictate the additional considerations for what follows.

Some states allow couples to file for legal separation, which a court will grant if one spouse leaves the family residence. In situations where the state does not allow legal separations, the spouse will have to file for divorce and request a temporary separation.

Where a legal separation is granted, filing for divorce is usually unnecessary unless the recognized agreements become difficult to comply with or any type of connection to the spouse is no longer desirable.

If legal separation does not work or is not suitable to both or either spouse, they will have to file for divorce and complete a original petition for divorce. The filing for divorce is done with a local court clerk and the individual requests that the court grants a divorce and possessions they believe they are due.

Once the other spouse receives the papers which have been filed for divorce by an individual permitted to deliver the petition, such as a local sheriff, the respondent has 30 days from the date of receipt to hire an attorney or respond to the petition by themselves. During this 30-day time period following the initial filing for divorce, either spouse may request orders for restraining the other or general protection an award of temporary child support.


Filing for divorce can be a difficult procedure if one is not represented by an attorney and many people consider this option to ensure proper legal protection. Many lawyers will even offer the partial completion of petitions and other services in situations like a uncontested divorce. The fees associated with filing for divorce can vary but usually range somewhere around one-hundred dollars.

Once an individual completes filing for divorce, all information like promises and financial considerations should be recorded for the later proceedings. Attorneys will ease the process greatly as the actual interaction between spouses will decrease, but this to be decided and worked out on a case by case basis depending on the situations presented.

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