The divorce starts with a divorce petition. The request is written by one spouse (the petitioner) which is then served to the other spouse. The petition is then filed in a state court in the county where one of the spouses lives. No matter where the marriage happened. The petition includes basic information about the marriage. Information about the spouses, children and states if there is any separate property or community property, child custody, and child or spousal support. Having a divorce attorney representing your interest is the best way to ensure you are treated fairly by the courts.