How to File for Divorce

Understanding Divorce in the US

Divorce (also called "dissolution of marriage") is a legal process that terminates a marriage. In the United States, divorce is governed by state law, which means requirements, fees, and timelines vary considerably depending on where you live.

All 50 states now offer "no-fault" divorce, which means you don't need to prove wrongdoing to get divorced — you simply need to show that the marriage has broken down. Some states still allow "fault-based" divorce, which can affect property division and alimony.

Step 1: Establish Residency

Before filing, you or your spouse must meet your state's residency requirement. These typically range from 60 days (Texas) to 6 months (most states), with an additional requirement to have lived in the specific county where you're filing.

• California: 6 months in state, 3 months in county
• Texas: 6 months in state, 90 days in county
• Florida: 6 months in state
• New York: 2 years of continuous residency (or 1 year if married in NY)
• Illinois: 90 days in state
• North Carolina: 6 months in state (plus 1 year of separation)

Step 2: Gather Required Documents

Before filing, gather:

• Marriage certificate (certified copy)
• Financial documents: bank statements, tax returns, retirement accounts, property deeds
• List of marital assets and debts
• If children: custody arrangements, child support calculations
• Your spouse's contact information for service of process

Step 3: File the Petition

File a Petition for Divorce (called "Petition for Dissolution of Marriage" in some states) with the Superior Court or Circuit Court in your county. You'll pay a filing fee ranging from $150 to $435 depending on the state and county.

Fee waivers are available in all states for those who cannot afford the filing fee. Ask the court clerk for a fee waiver application (often called "In Forma Pauperis" or "Waiver of Court Fees").

Step 4: Serve Your Spouse

After filing, you must formally notify your spouse by "serving" them with a copy of the divorce papers. Methods include:

• Personal service by a sheriff, constable, or licensed process server
• Certified mail (allowed in some states)
• Waiver of service (if spouse agrees to sign)

Your spouse typically has 20-30 days to respond after being served.

Step 5: Wait for Mandatory Periods

Many states impose mandatory waiting periods after filing or after service. These range from 20 days (Florida) to 365 days (North Carolina requires 1-year separation before even filing).

Step 6: Resolve Property, Custody, and Support

Before a divorce is final, you must address:

• Property division: Community property states (CA, TX) split marital assets 50/50. Equitable distribution states divide assets "fairly" which may not be equal.
• Child custody and parenting time: If you have minor children, courts require a parenting plan.
• Child support: Calculated using state-specific formulas based on income and custody split.
• Spousal support/alimony: May be awarded based on length of marriage and income disparity.

Step 7: Attend the Final Hearing

For uncontested divorces, a brief hearing before a judge typically takes 15-30 minutes. The judge reviews your settlement agreement and issues the Judgment of Dissolution of Marriage (or Decree of Divorce).

Contested divorces may require multiple hearings, mediation, and potentially a trial before a final judgment is issued — a process that can take 1-3+ years.

Filing Fees by State

State	Filing Fee	Waiting Period
California	$435	180 days
Texas	$250–$350	60 days
Florida	$400–$409	20 days
New York	$335–$400	None
Illinois	$210–$350	None
Pennsylvania	$200–$350	90 days
Ohio	$150–$300	42 days
Georgia	$200–$225	31 days
North Carolina	$225	365 days*
Michigan	$150–$250	60–180 days

*NC requires 1-year separation before filing. Additional county fees may apply. Fee waivers available in all states.

Uncontested vs. Contested Divorce

Uncontested divorce means both spouses agree on all terms (property, custody, support). This is significantly faster and cheaper — often completed within the state's mandatory waiting period.

Contested divorce means you disagree on some or all terms. This requires more court appearances, discovery, mediation, and potentially a trial. Costs can escalate to thousands in attorney fees.