How to File for Divorce, Step by Step
Divorce is handled by state courts, so forms, fees, and deadlines differ by state, but court self-help guides describe a similar path: confirm you meet the residency requirement, file a petition (or complaint) and pay the fee or request a waiver, have your spouse formally served, give your spouse time to respond, exchange financial information, and then finish either by agreement or default (uncontested) or through hearings and trial (contested). The marriage ends only when a judge signs the final judgment or decree. Examples below come from California, Maryland, and Maricopa County, Arizona court pages.
What the law says
- Step 1, residency (California example): to start a divorce, one spouse must have lived in California for the last 6 months and in the current county for the last 3 months. If you don't meet this, you can wait, or start with a legal separation and switch to divorce later; a legal separation doesn't end the marriage. California Courts Self-Help Guide, Divorce in California
- Example (Maryland): you file in a circuit court if you or your spouse is a Maryland resident; if the ground arose outside Maryland, one spouse must have lived in Maryland for at least six months at filing. Grounds include mutual consent, a six-month separation, and irreconcilable differences. The filing form is the Complaint for Absolute Divorce (CC-DR-020), and a fee waiver may be available based on income. Maryland Judiciary, Divorce
- Step 2, file the petition: in Maricopa County, Arizona, a case starts when a party files a Summons and Petition with the Clerk of Superior Court; you file the original and two copies, one copy to serve on the other party and one for your records. Superior Court of Arizona in Maricopa County, Divorce (Dissolution) and Legal Separation Process (rev. 10/14/2024)
- Step 3, serve your spouse: California's guide says you can't serve the papers yourself; someone else, such as a friend, relative, or process server, must hand your spouse the forms. California Courts Self-Help Guide, Start a divorce case
- Arizona (Maricopa County) lists service options including acceptance of service (signed before a notary or clerk), certified mail with restricted delivery, a registered process server, the sheriff, and, with a judge's approval, publication if the spouse can't be found. Superior Court of Arizona in Maricopa County, Divorce (Dissolution) and Legal Separation Process (rev. 10/14/2024)
- Step 4, the response: in Maryland, a spouse served in Maryland has 30 days to answer, 60 days if served in another state, and 90 days if served outside the U.S.; if no answer is filed on time, the other spouse can ask for an order of default. Maryland Judiciary, Divorce
- Step 5, financial disclosures (California example): each spouse shares complete and current financial information in a preliminary disclosure within 60 days after filing the Petition or Response. If you hide information, the judge could take away some of your property or order you to pay your spouse's attorney's fees. California Courts Self-Help Guide, Share financial information
- Step 6, waiting period (Arizona example): a judge cannot sign a default or consent decree until 60 days after the responding party was served (A.R.S. § 25-329). If parents ask for legal decision-making or parenting time, they must attend a Parent Information Program first. Superior Court of Arizona in Maricopa County, Divorce (Dissolution) and Legal Separation Process (rev. 10/14/2024)
- Step 7, uncontested vs. contested (Arizona example): if both parties agree on all terms, they submit a Consent Decree; if no response is filed, the petitioner can apply for a default; if a response is filed, the court sends notice of a hearing or conference, which may lead to disclosures, pre-trial statements, and trial. Superior Court of Arizona in Maricopa County, Divorce (Dissolution) and Legal Separation Process (rev. 10/14/2024)
- Step 8, final judgment: in California, you file your final forms, including the Judgment, the court checks them, and the judge signs; the Judgment states the exact date the marriage ends. California Courts Self-Help Guide, Finalize your divorce
FAQ
Do my spouse and I have to file separately?
Not always. In Maricopa County, Arizona, spouses in complete agreement from the start can use the Summary Consent Decree Process, filing all papers together and paying a reduced joint filing fee; the court holds the papers at least 60 days before signing.
What financial forms are needed if we have children?
In Maryland, the form depends on income: combined gross monthly income of $30,000 or less uses form CC-DR-030, and over $30,000 uses form CC-DR-031.
Can we skip the final financial disclosure?
In California, spouses can agree to skip the final declaration of disclosure by signing and filing form FL-144.
Does Maryland have legal separation?
No. Maryland's courts say the state has no "legal separation."
Is there a hearing in a default divorce?
In Maricopa County, Arizona, you can usually ask to proceed without a hearing, but a hearing is required in some situations, such as service by publication or when the spouse lives outside Arizona and the couple wasn't married in Arizona.
Am I divorced once the waiting period ends?
No. Maricopa County's court says you are not divorced or legally separated until the judge or commissioner signs the decree.
Can I remarry right after the decree?
Maryland's courts say that once the divorce decree is final, both spouses may remarry.
Related
- Contested vs. Uncontested Divorce
- Do I Need a Lawyer for a Divorce?
- How Long Does a Divorce Take?
- How Much Does a Divorce Lawyer Cost?
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- What Is a No-Fault Divorce?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.