How to File for Divorce Step by Step (2026 Guide)

Every state requires at least one spouse to have been a resident for a minimum period before filing. This ranges from as little as 6 weeks in Nevada and Idaho to 12 months in states like Connecticut, New Jersey, and New York. A few states (Alaska, South Dakota, Washington) have no minimum waiting period as long as you are currently a resident.

If you recently moved, you generally need to file in the state where you meet the residency requirement — even if your spouse lives elsewhere. Filing in the wrong state can result in your case being dismissed entirely, wasting months of effort and filing fees.

Check your specific state's residency requirement on our state directory before you begin any paperwork.

All 50 states now offer no-fault divorce, meaning you can file without proving your spouse did something wrong. The typical no-fault ground is "irreconcilable differences" or "irretrievable breakdown of the marriage." This is by far the most common choice and avoids the need to prove adultery, abuse, or abandonment in court.

Some states still offer fault-based grounds as an option — adultery, cruelty, desertion, imprisonment, or substance abuse. Filing on fault grounds can sometimes affect property division or alimony, but it also means you must prove the fault in court, which adds cost and complexity. In most cases, no-fault is the faster and cheaper path.

The divorce petition (sometimes called a "complaint") is the document that formally starts the case. You will need to fill out forms specific to your county courthouse. Most state court websites offer free downloadable forms. The petition typically requires:

• Full names and addresses of both spouses
• Date and place of marriage
• Names and birth dates of minor children
• Grounds for divorce (almost always no-fault)
• A statement of what you are requesting — property division, custody, support

File the petition with the clerk of court in your county and pay the filing fee. Filing fees range from about $100 in Mississippi to over $400 in California. See our cost breakdown by state for exact current figures.

After filing, you must legally notify your spouse that the case has been started. This is called service of process. The most common methods are:

• Personal service — a sheriff, process server, or other authorized person physically hands the papers to your spouse
• Certified mail — allowed in some states if both parties are cooperating
• Waiver of service — your spouse signs a form acknowledging receipt, common in uncontested cases
• Publication — if your spouse cannot be located, some states allow notice through a local newspaper

Improper service is one of the most common reasons divorce cases get delayed. Make sure you follow your state's exact requirements.

Once your spouse has been served, they have a set number of days to respond (typically 20-30 days). What happens next depends on whether the divorce is contested or uncontested.

In an uncontested divorce, both spouses agree on all major issues — property, custody, support — and submit a settlement agreement to the court. This is the fastest and cheapest path, often resolved in 2-4 months.

In a contested divorce, one or both spouses disagree on at least one issue. The case may go through discovery (exchanging financial documents), mediation (a neutral third party helps negotiate), and potentially a trial. Contested cases can take 1-3 years and cost 5-10x more than uncontested ones.

Many courts now require mediation before allowing a trial. Even in contested cases, over 90% settle before reaching the courtroom.

Once all issues are resolved — by agreement or by trial — the judge signs the final decree of divorce. This is the legal document that ends your marriage. Many states impose a mandatory waiting period between filing and the final decree, ranging from none (some states) to 6 months (California). The waiting period runs from the date of filing or the date of service, depending on the state.

After the decree is signed, you will need to update your name (if applicable), insurance policies, beneficiary designations, bank accounts, and property titles. Keep multiple certified copies of the decree — you will need them for years.