Some states require a longer period of residency. However, there are often exceptions made. For example, if the reason for the divorce happened in that state, you may be able to file for divorce regardless of how long you’ve lived there. You may not be able to file for a no-fault divorce in that situation. If you’re concerned that you haven’t lived in a state long enough to file for divorce there, talk to an attorney about it. The specific court where you file your divorce typically will be the one in the county where you and your spouse live. If you and your spouse live in different counties, you may need to file in the county where your spouse lives.
Many family attorneys also have sliding fee scales based on your income. This could help you afford an attorney. Legal aid offices sometimes provide assistance for divorces free of charge. However, due to the demand for their services, they typically don’t take divorce cases unless abuse is involved.
If you download forms from the state website, check with your local courthouse and make sure there aren’t any additional forms you should fill out. Some local courts have their own forms, such as a particular cover sheet, that must be included. Typically, there will be different forms if you and your spouse have children or if you own a house together. Make sure you’ve picked the right forms. If you need help, the clerk’s office of your local family law court can tell you which forms you need based on your circumstances.
At a minimum, the separation agreement will govern relations between you and your spouse until your divorce is finalized. If you and your spouse have problems communicating or there has been a history of abuse, you may want to use mediation services or hire an attorney.
If you downloaded the forms online, you can type your information directly into the form. If you’re working with paper forms you can write your answers. Print clearly and neatly using black ink. To complete the divorce petition, you will have to provide information about your spouse, including their full legal name, date of birth, and current residence. If you don’t have all of this information and don’t know how to get it, talk to an attorney.
Not all states require you to sign your forms in the presence of a notary. However, many states do require this if you are not represented by an attorney. When you go to the notary, you will need a valid, government-issued photo ID so the notary can validate your identity. The notary will not read your forms – their only job is to certify that you are the person who signed the documents and that you did so of your own free will.
If you don’t have a copy of your wedding certificate, you can order one from the state vital records office of the state where you were married. If you were married in a different country, such as on a destination wedding, you would need a wedding certificate from the state where you registered as a married couple after you returned to the US. Wedding certificates for most states can be ordered online through the VitalChek website at https://www. vitalchek. com/marriage-records. Copies typically cost less than $20. It may take up to 2 weeks for you to get your copy in the mail, so plan accordingly.
Temporary orders only last until the divorce is finalized. If you want the same arrangements to continue after the divorce, those details must be included in your final divorce decree.
The clerk will stamp all of your documents filed, then give the 2 copies back to you. One of those copies is for your records. The other must be delivered to your spouse.
Most court clerks accept a check or money order as payment for fees. Many accept cash, and some accept major credit or debit cards. It’s a good idea to call ahead and find out what methods of payment are accepted so you can be prepared. If you want to apply for a waiver, bring information with you about your income and any property you own, such as a house. You will need this information to complete your application. You should also be ready to appear before the judge, as they may call you back to discuss your application.
If you and your spouse are on amicable terms, you can mail the papers using certified mail with return receipt requested. Keep the green card you get back in the mail with your copy of the divorce papers. This is your proof of service. You may also have to fill out a proof of service form and file it with the clerk. In some states, only attorneys can complete service this way. You can have anyone over the age of 18 take the papers to your spouse in person. They will fill out a proof of service form for you to file with the clerk. This option is free. You can also have a sheriff’s deputy serve the papers on your spouse. This is a good option if you and your spouse are on contentious terms or if you have safety concerns. This option typically costs around $30. If you were granted a fee waiver, service by a sheriff’s deputy is typically also free. There are also private process serving companies you can use. These companies are good at hunting down people, so if you suspect your spouse will try to avoid service, you may want to go this route. Prices vary widely by company and how long it takes them to complete service.
Any property that one of you received as a gift or inheritance during your marriage is also considered separate property. In most states, if you and your spouse disagree on whether to characterize a particular piece of property as separate or joint property, it is presumed to be joint property if it was acquired during the marriage. The spouse who believes it is separate property must prove that to the judge.
For example, if you incurred debt in anticipation of the marriage, or because your spouse agreed to help you pay it back, you may be able to argue that the debt is joint debt. However, if your spouse disagrees you would have to back up your claim with evidence, such as text messages between you and your spouse in which your spouse agreed to help you pay back the debt. If one of you acquired student loan debt while you were married, that debt is typically considered joint debt, even if the other spouse didn’t cosign on the loan. [10] X Research source
For example, in California, you must complete these forms within 60 days of filing your petition for divorce. The forms must be accompanied by 2 years’ worth of tax returns.
Most states have worksheets you can use to help determine equitable parenting time and child support that should be paid. These worksheets typically are included in the form packet for couples with children. If you don’t believe your spouse should have time with your kids, it’s typically a good idea to get an attorney to help you. You will have to prove to the court that your spouse is unfit to care for your kids, and this process can get very heated. In some situations, the court may appoint a guardian ad litem (GAL) to represent your children. The GAL will interview the children, parents, and other adults who spend time with the children, including teachers, coaches, or religious leaders. The GAL also observes the child interacting with parents or other adults. They then write up a report that tells the judge what arrangement they believe is in the best interests of the children.
Mediation for divorcing couples is free in many states. In some states, mediation is required by law if you and your spouse can’t agree. Because mediation is a non-confrontational environment, it can help you if you and your spouse are at each other’s throats or if emotions run high whenever you start discussing divorce-related issues.
The settlement agreement form is typically part of your divorce form packet. Your court may have a deadline by which you must submit this form. Any deadline is usually listed in the instructions for your form packet. You can also call the clerk’s office and find out. If there are any issues that you and your spouse didn’t agree on, mark them clearly on the settlement agreement. These are issues that you want the judge to decide for you.
If the classes are required, the court typically won’t set a date for a hearing until you’ve completed them. Keep in mind that you and your spouse usually aren’t required to complete them together. Even if the classes aren’t required, it’s a good idea to take them if they are offered, especially if you’re filing for divorce on your own.
If your case is contested, or you have issues you and your spouse left for the judge to decide, you may have one or two preliminary hearings before your final hearing. During these hearings, you will share documents, witnesses, and other evidence that you plan to present to the judge. Make every effort to attend court on the date the hearing is scheduled. While it may be possible to reschedule the hearing, you may need to show that you have a good reason for the court to do so. If you don’t believe you can attend the hearing on the date scheduled, contact the clerk as soon as possible to determine your options.
If you and your spouse disagree on any issues, you also want to bring documents or other pieces of evidence that support your claims. For example, if you claim a debt is joint and your spouse maintains it is your separate debt, you would want to bring any documents or other information that demonstrated your spouse agreed to help pay back the debt. For any documents other than documents you’ve filed with the court, make at least 2 copies of the document. The judge will likely want to review the original, but you’ll need one copy for yourself and one for your spouse.
You may also want to do a “dry run” so you know how to get to the courthouse, where to park, and how to find the right courtroom. This can be especially valuable if you live in a larger city.
Leave electronic devices at home. If you need to have your cell phone with you during the hearing, turn it on silent before you enter the courthouse. Items that may be used as weapons, including nail clippers, pocket knives, and scissors, should be left at home. If you take them with you to the courthouse they may be confiscated at the security checkpoint and you may not be able to get them back.
The judge or bailiff will indicate that you can come to the front of the courtroom. Move forward and stand behind one of the tables at the front of the courtroom. Do not sit down until the bailiff indicates that you may be seated.
Speak loudly and clearly so that the judge can hear you. Don’t talk to your spouse or address any questions to them. Speak only to the judge and any witnesses you are questioning. If you and your spouse agree on everything and your case is relatively straightforward, the judge will likely simply ask you a series of questions about the divorce based on the information you’ve provided.
If the final decree isn’t available immediately, the judge will let you know when you can return to the clerk’s office to get it.
