How to File for Divorce: Step-by-Step

Last updated on June 26th, 2025 at 05:14 pm

If you’re wondering how to file for divorce, you’re not alone–and while it might feel overwhelming, it doesn’t have to be. We’re here to walk you through it, step by step.

Please note: This guide is for informational purposes only and shouldn’t be considered legal advice. Every situation is unique, so it’s always best to consult with a qualified attorney for guidance specific to your circumstances.

Going through a divorce is emotionally draining enough without having to figure out complicated legal issues on top of it. But with a better understanding of the divorce process, you can actually save time, money, and a whole lot of stress.

Filing for divorce can feel overwhelming, but breaking it down into smaller, manageable pieces makes everything so much easier. With the right info, you can:

• Know exactly what paperwork you need
• Figure out where and how to file your documents
• Protect your rights every step of the way
• Get through your divorce as smoothly as possible

Let’s talk about how to file for divorce, step by step.

What You Need to Know Before Starting

Before we talk about exactly how to file for divorce, there are a few important things to understand about divorce.

Residency Requirements

Most states require that you or your spouse have lived there for at least six weeks before you can file for divorce. Some states have even shorter requirements, which is helpful if you’ve recently moved.

Grounds for Divorce

Many states allow both fault-based and no-fault divorces. The most common reason people cite is “irreconcilable differences”–basically meaning the marriage just can’t be fixed. Other acceptable reasons include adultery, extreme cruelty, willful desertion, neglect, habitual drinking, felony conviction, and permanent insanity.

Most people choose “irreconcilable differences” because it provides a straightforward way to divorce without needing to establish fault.

Understanding Types of Divorce 

There are multiple divorce options, and which is right for you will depend on your individual circumstances.

Uncontested Divorce: Both spouses agree on all issues
Default Divorce: One spouse doesn’t respond to the petition
Contested Divorce: Disagreement between spouses over important matters
Summary Divorce: Short marriages with minimal assets can go through an easier and streamlined divorce process

Recent statistics show that the US divorce rate reached approximately 2.5 per 1,000 population during the year 2021. While that might sound high, divorce rates continue to decrease. The year 2023 saw 1.1 million divorce filings which maintained the ongoing 2.6% yearly decline from 2012.

The specific divorce process you choose will greatly affect how much time and money you spend–and how complicated the process can get. If your situation is complex, you’ll want to find a reputable divorce attorney. You can start by asking friends for recommendations, or simply search online using your location. For example, a query like “find the best divorce lawyers in Idaho” can get you started. 

Step 1: Preparing Your Divorce Documents

To get the ball rolling, you’ll need to fill out several forms first. Here’s what you’ll typically need:

Required Forms for Filing

• The Petition for Divorce represents a formal request submitted to the court for dissolving your marriage.
• The Summons serves as notification to your spouse that divorce proceedings have started.
• The Family Law Case Information Sheet includes basic information about each party involved.
• The Confidential Information Form preserves sensitive details such as Social Security Numbers.

Parents must submit forms for determining child support along with a parenting plan that outlines custody arrangements.

Many court websites have these forms available to download, but make sure you fill them out correctly. Even small mistakes can slow down your case.

Step 2: Filing Your Divorce Petition

After completing your paperwork you’ll submit it to the county court where you or your spouse lives. The court filing fee usually ranges between $150 and $200 but varies by county. You have the option to request a fee waiver if you can’t afford the filing fee.

Once you file your paperwork, you must serve your spouse with copies of both the divorce petition and summons. The delivery of divorce paperwork to your spouse can be done through the sheriff’s office or by certified mail. If you don’t know where your spouse is living, you can serve them via newspaper publication.

Your spouse has 21 days to respond to the petition when served in some states and 30 days for service in others.

Step 3: Property and Debt Division

This is where things can get tricky. Most states follow a “community property” system, meaning assets and debts you accumulated during marriage belong to both of you equally and need to be split fairly.

Community Versus Separate Property

Community Property: Anything you and your spouse acquired during marriage–this gets divided

Separate Property: Things you owned before marriage, plus inheritances and gifts given specifically to one of you

Dividing property gets especially complicated when you’re dealing with valuable assets like businesses, retirement accounts, real estate, and shared debts. Pay close attention to these big-ticket items.

Step 4: Child Custody and Support

If you have minor children, you’ll need to work out custody and support arrangements.

Most states recognize two types of custody:

Legal Custody: Who gets to make decisions about your child’s education, healthcare, and religious upbringing

Physical Custody: Where your child lives and who handles day-to-day care

You can share custody or one parent can have primary custody. The court’s main concern is always what’s best for your child.

Child support is usually calculated using the Income Shares Model, which looks at both parents’ incomes, number of children, healthcare costs, and how much time each parent spends with the kids.

Step 5: Spousal Support (Alimony)

Sometimes the court will award spousal support. When deciding this, they’ll consider how long you were married, each spouse’s earning ability, and what your standard of living was during the marriage.

Marriage rates have dropped from 8.2 per 1,000 people in 2000 to 5.8 in recent years. About 41% of first marriages end in divorce, but millennials are getting married later and tend to stay married longer.

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Marriage rates have dropped from 8.2 per 1,000 people in 2000 to 5.8 in recent years. About 41% of first marriages end in divorce, but millennials are getting married later and tend to stay married longer. (source: CDC)

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Step 6: Finalizing Your Divorce

Your divorce process concludes when the judge approves and signs your divorce decree.

For an uncontested divorce, after the 21-day waiting period, you’ll need to submit the Decree of Divorce (which outlines your agreements) and the Stipulation for Entry of Decree form.

Contested divorces take longer–you’ll go through discovery, mediation, settlement negotiations, and possibly even a trial if you can’t agree on everything.

Once your divorce is final, don’t forget to update your estate planning documents, change beneficiaries on financial accounts, and set up new accounts that are separate from your ex-spouse.

Wrapping Up

Knowing how to file for divorce makes this time in your life less stressful. The key is to take it step by step, so you can stay organized and on track.

Remember, divorce isn’t just the end of your marriage–it’s the beginning of your new chapter. Taking care of the legal aspects properly now will protect your interests and set you up for success moving forward.

Don’t hesitate to get professional help if you’re unsure about how proceed. The decisions you make during your divorce will affect your finances and your relationship with your children for years to come.

Frequently Asked Questions

How long does it take to get divorced?

An uncontested divorce takes at least 21 days from when your spouse is served with papers. But most divorces take longer depending on how complicated your case is and how busy the courts are.

How much does a divorce cost?

Although basic filing fees range from $150 to $200, the overall cost depends on a variety of factors. An uncontested divorce without lawyers might cost a few hundred dollars, while a contested divorce with attorneys can run several thousand.

Do I need grounds for divorce?

No. Divorce law recognizes “irreconcilable differences” as sufficient grounds without requiring fault-based evidence.

What if my spouse doesn’t want the divorce?

Most states allow a divorce proceeding to move forward even when one partner disagrees. The court can issue a divorce even if your spouse contests it or doesn’t respond. Keep in mind that this will make the process take longer.

Also read:
How to Know if You Need a Divorce Coach
What Happens After Serving Divorce Papers: Everything to Know
Can You Get a Divorce Without a Lawyer? 6 Questions to Consider

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