Marriage & Family
How to file for divorce
Divorce is a legal process handled by state courts. An uncontested divorce where both spouses agree on all terms is significantly faster and less expensive than a contested one.
Divorce law and procedures are entirely state-governed. Residency requirements, waiting periods, and grounds for divorce all vary by state.
Last reviewed: June 5, 2026
What you will need
- ✓Marriage certificate
- ✓Government-issued photo ID
- ✓Financial disclosures (income, assets, debts)
- ✓Proposed parenting plan if children are involved
Steps
Confirm you meet your state's residency requirement
Most states require at least one spouse to have lived in the state for 6 months before filing. Some states also require residency in the specific county where you file.
Determine whether your divorce is contested or uncontested
An uncontested divorce means both spouses agree on all terms: division of assets and debts, child custody and support, and alimony. If you agree on everything, the process is faster, cheaper, and does not require attorneys. If you disagree on anything significant, the process becomes more complex.
File a petition for divorce with the court
One spouse (the petitioner) files a divorce petition with the county court. Forms are often available on the court's website. Filing fees typically range from $100 to $400.
Serve your spouse with divorce papers
The other spouse (the respondent) must be formally notified — "served" — with the petition. This can be done by a process server, sheriff, or certified mail depending on your state. Your spouse then has a set number of days to respond.
Negotiate and finalize terms
For uncontested divorces, both spouses sign a settlement agreement covering property division, debt, custody, and support. For contested divorces, this may involve mediation, attorneys, and eventually a trial.
Tip: Mediation — a neutral third party helping both sides reach agreement — is required in some states and can resolve disputes at a fraction of the cost of litigation.
Wait out any mandatory waiting period
Many states impose a waiting period between filing and when the divorce can be finalized — anywhere from 30 days to 6 months. This period applies even to uncontested divorces.
Attend the final hearing and receive your divorce decree
In uncontested cases, the final hearing is brief. A judge reviews the settlement agreement and signs the divorce decree, which makes the divorce official. Contested cases may require a full trial.