A divorce petition (also called a “complaint for divorce”) is a legal document that:
Officially starts the divorce process
States the grounds for divorce (fault or no-fault)
Lists requests (child custody, support, property division)
Is filed with your local family court
Step 1: Determine Eligibility
Before filing, ensure you meet your state’s requirements:
✅ Residency rules (usually 3-12 months in the state)
✅ Grounds for divorce (most states allow “no-fault” divorce)
✅ Jurisdiction (file in the county where you or your spouse lives)
(Check your state’s court website for exact rules.)
Step 2: Prepare the Divorce Petition
Key Information to Include:
Names & addresses of both spouses
Marriage details (date, location)
Grounds for divorce (irreconcilable differences, adultery, etc.)
Requests (child custody, alimony, property split)
Signature & notarization (if required)
(Many states provide free fillable forms online.)
Step 3: File the Petition with the Court
Submit paperwork at the county courthouse (some states allow e-filing).
Pay the filing fee (100−500, depending on the state).
Get a case number and copies for your records.
Fee Waiver Option: If you can’t afford fees, ask the court for a waiver.
Step 4: Serve Your Spouse
After filing, your spouse must be legally notified (called “service of process”). Options include:
✅ Sheriff or process server (most reliable)
✅ Certified mail (if spouse agrees)
✅ Publication (if spouse can’t be found)
(Improper service can delay the divorce.)
Step 5: Wait for a Response
Your spouse has 20-30 days (varies by state) to:
✔ Agree (file a response accepting terms)
✔ Dispute (file a counter-petition)
✔ Ignore (risk a default judgment)
Step 6: Finalize the Divorce
If Uncontested (Agreed Terms):
Sign a settlement agreement
Attend a brief court hearing (if required)
Receive a final divorce decree
If Contested (Disagreements):
Negotiate (mediation or lawyers)
Go to trial (judge decides unresolved issues)
