Divorce

Here are the basic steps to file for a divorce if you’re doing it by yourself, and you meet the residency and grounds requirements in your state:

1. Drafting the petition. Most states have forms that can help you write (draft) the petition and summons. Make sure to include anything that needs to be decided through the court process, for example:
   
   • division of property and assets, including investments, savings, a home, cars, 401(k) plans, pensions, etc.;
   • division of debts that either spouse racked up during the marriage, including credit cards, outstanding loans, etc.;
   • child custody, visitation, and support;
   • spousal support, including how long it will last and how much it will be; and
   • who’s responsible for covering legal costs and fees associated with the divorce.
2. Filing the petition. Once your petition is ready, you must prepare the summons and take all of the documents to the court clerk. You may need to sign the petition in front of a notary at the court. Also, you may need to bring at least two additional copies that the court clerk will stamp. (In some states, the petition is called a complaint.)
3. Service of process. Requirements for serving the divorce papers (service of process) can be different in each state and territory. In some places, the petition can be served by mail, while in others, it must be delivered personally. You might be able to ask the clerk of the court how the papers must be served. Incorrect service may be a reason that your spouse can get the divorce dismissed later on, and you’d have to start the process all over. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.