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Each state has residency requirements that you must meet if you want to file for divorce in that state. Typically, you must have lived in the state for at least 6 months to a year. 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. Family law attorneys always provide a free initial consultation. Even if you don't think you can afford an attorney, it's still worth at least talking to someone about your case. They may be able to help you in a limited capacity for a reduced rate. 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. Family courts in most states have forms you can fill out if you want to file for divorce without hiring an attorney. Typically you can download these forms from the website for your state's court system. 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. Some states, such as Massachusetts, require you and your spouse to come to a preliminary agreement on child custody, child support, and how you will divide your property before you can file for divorce. This agreement can be a temporary agreement between you and your spouse or one that you intend to make part of the final divorce judgment. If a separation agreement is required, the state court website will have information and forms for you to use. 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. Through the divorce petition, you provide the court with information about yourself, your spouse, and your marriage. The petition is a document that formally asks the court to declare a legal end to your marriage. 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. After you've filled out the petition and other forms, read over them carefully and make sure all the information is correct. If you typed your information in the form, check for typos. Before you sign and date the forms, check if there is a notary block below the place where you're supposed to sign. If there is, don't sign your forms until you're in the presence of a notary. 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. At a minimum, you will need an official copy of your original wedding certificate to accompany your divorce petition. Some states may require other documents, such as birth certificates for any children you and your spouse have. 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. Through a temporary order, the judge can require your spouse to pay you child support or spousal support, or order them to pay certain bills while your divorce is pending. If there has been abuse or you are concerned for your safety, you can also get a temporary restraining order against your spouse. 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. Once you've completed all the necessary forms, make at least 2 copies of the completed forms. Take the copies and the originals to the court clerk of the court that will hear your divorce. 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. The fees to file a divorce case vary greatly among states, but they're typically between $200 and $500. If you can't afford the fees, you can apply for a fee waiver. Typically, you have to show extremely low income to qualify. If you are already receiving government benefits, such as SNAP or TANF, you may automatically qualify. 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. Your spouse must have legal notice that you've filed for divorce. By using the "service" process, you have proof that they were aware of the case. If your spouse fails to respond to your petition or show up in court, you'll need to show the judge proof that they knew about it. 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.
Confirm that you are eligible to file for divorce in the state where you live. Visit a family law attorney for a free initial consultation. Check for forms you can use if you're filing on your own. Reach a separation agreement if required. Complete your divorce petition. Finalize and sign your divorce petition. Gather supporting documents. Fill out forms to request temporary orders if necessary. Take your forms to the family court clerk. Pay your filing fees or apply for a waiver. Have your spouse served with the petition.