How to File for Divorce

Before you can file: residency requirements

Every state requires one or both spouses to have lived there for a minimum period before a divorce can be filed. This is called the residency requirement. Filing before you meet it will result in the case being dismissed.

State	Residency requirement
California	6 months in state, 3 months in county
Florida	6 months in state
Texas	6 months in state, 90 days in county
New York	Varies: 1 year if only one spouse in NY; 2 years if no other connection; shorter if married in NY or both lived in NY
Illinois	90 days in state
Georgia	6 months in state
Nevada	6 weeks (one of the shortest in the U.S.)
Idaho	6 weeks

Grounds for divorce: fault vs. no-fault

All 50 states now offer some form of no-fault divorce, meaning you do not need to prove your spouse did anything wrong. The most common no-fault ground is "irreconcilable differences" or "irretrievable breakdown of the marriage." In most cases, this is the right choice regardless of what happened in your marriage — it is faster, cheaper, and less contentious.

Some states still allow fault-based grounds (adultery, abandonment, cruelty). Filing on fault grounds is rarely worth it unless you have a specific strategic reason your attorney recommends — it adds complexity, cost, and conflict without usually changing the financial outcome.

What you are filing: the core documents

• 1

  Petition for Dissolution of Marriage

  The foundational document. States who you are, who your spouse is, how long you have lived in the state, whether there are children, the grounds for divorce, and what you are asking the court for (property division, custody, support). The filing spouse is the "petitioner"; the other spouse is the "respondent."

• 2

  Summons

  A court-issued notice that formally tells your spouse a divorce action has been filed. It specifies how long they have to respond (typically 20 to 30 days). The summons is served together with the petition.

• 3

  Financial disclosure forms

  Most states require both spouses to file a financial affidavit or disclosure form early in the process, listing all income, assets, debts, and monthly expenses. This is the foundation for all financial negotiations.

• 4

  Parenting plan or child custody forms (if applicable)

  If you have minor children, most states require a proposed parenting plan — or a declaration about the children's current living situation — to be filed early in the process.

• 5

  UCCJEA declaration (if children, and you have moved recently)

  The Uniform Child Custody Jurisdiction and Enforcement Act requires disclosure of where children have lived for the past five years, in cases where jurisdiction over children might be disputed.

Where to file

Divorce cases are filed in the family court (sometimes called superior court, circuit court, or domestic relations court depending on the state) in the county where you or your spouse currently lives. If you have lived in different counties recently, an attorney can advise on which venue is most appropriate.

Most courthouse websites list the self-help center or family law facilitator's office — free or low-cost resources for people who are representing themselves. These offices can help you find the correct forms but cannot give legal advice.

What happens after you file

After filing, your spouse must be officially served with the petition and summons. The process then differs depending on whether the divorce is contested or uncontested.

Uncontested: your spouse agrees

If your spouse agrees to the terms and signs the petition, many states allow you to proceed to finalization quickly. Some states impose a mandatory waiting period (California requires 6 months; many others require 30 to 90 days) even for fully uncontested divorces. After the waiting period, the judge reviews and signs the final decree — often without a court appearance required.

Contested: your spouse disagrees or does not respond

If your spouse files a response contesting any terms, the case enters the contested track. This involves discovery (exchange of financial information), possible temporary orders (for custody, support, or use of the home), mediation, and potentially trial. The timeline ranges from several months to over two years depending on complexity and conflict.

Default: your spouse does not respond

If your spouse is served and does not respond within the required period, you can request a default judgment. The court may grant the divorce on your requested terms. This is most common when one spouse has moved away or is disengaged from the process.

Should you hire an attorney?

The honest answer depends on your situation. For a simple, uncontested divorce with no children and minimal shared assets, self-representation with document-review-only attorney assistance is a viable option for many people.

An attorney becomes essential when:

• The divorce is contested on any issue
• Children are involved and custody is uncertain
• Significant assets, a business, or pension/retirement accounts need division
• There is a significant income disparity or spousal support is at issue
• There is a history of domestic violence or coercive control
• Your spouse has an attorney (if they do, you almost certainly should too)