How To File For A Divorce

When you file for divorce, it means you have to deal with a difficult and complex legal situation at the same time that your emotions are probably in turmoil. One thing you have to decide is whether you're going to try to navigate through the legal maze yourself or you're going to hire an attorney experienced in these matters. Below are some of the basic steps that have to be done in order to file for divorce. Keep in mind though that just filing the paperwork for a divorce is only a part of the overall divorce process. You have to consider things like the custody of any children, alimony and child care payments, division of property and many other issues. For this reason, it's generally best to hire a family law attorney, like Margit M. Hicks, PA Attorney at Law, to help you with your divorce.

Determining the Correct Jurisdiction

You need to find out what court in your locality has the authority (jurisdiction) to grant you a divorce. As a part of this issue of jurisdiction, all states are going to have some kind of residency requirement. This is a period of time during which you must have lived in the state before the court will be able to end your marriage. This period of time can range from simply being a resident on the date that you file for divorce to six weeks or even as much as a year. 

Another point to keep in mind is that you must file for divorce in the correct court. In some states this will be the Circuit Court while in others it might be the Superior Court.

Filling out All the Paperwork

Getting a divorce requires a surprising amount of paperwork. You're going to need to complete a divorce petition or complaint. On this document you have to state the grounds for the divorce. The requirements for this can vary from state to state. This should also include a "prayer for relief" in which you request the court to consider matters like support, custody and property division.

If you are taking part in an amicable divorce in which both sides have arrived at a settlement, your state may allow you to file a joint petition. If not, a summons will be necessary to let your spouse know that you're filing for divorce. The summons will provide a given amount of time for your spouse to reply to the petition. In addition to all of this, you may have to provide the court with a parenting plan.

Filing All the Paperwork

Each state is going to have its own requirements for filing paperwork. In some instances, you'll be able to just deliver everything to the county court clerk and he or she will simply sign the documents. But keep in mind that these documents won't actually be officially filed until you've served your a spouse with a copy.

Serving Your Spouse

How you can go about serving the papers to your spouse varies state by state. In some states, you are required to deliver a copy of the paperwork to your local sheriff or marshal so that they can physically deliver these documents to your spouse. There's usually a fee. In some states, you can serve the papers simply by having a process server deliver them for you or even by sending them via certified mail with a request for a receipt. Once you submit proof of the delivery of the documents, the judge can start making decisions about your case.