How To File For Divorce In 2025

Laws outlining who is allowed to file for divorce, and under what circumstances, are set out by each state. These requirements can vary but some are consistent nationwide. Here are the requirements you are most likely to encounter.

Jurisdiction

Before you file for divorce, you need to be able to show that the court has the authority, or jurisdiction, to hear your case. In most divorce cases, jurisdiction is based on where you currently live, not where you got married.

Residency

Most states require that you live in the state for a minimum period of time before filing. The most common residency requirement is between six months and one year before initiating a divorce. For example, Texas requires one or both spouses to be a state resident for six months prior to filing for divorce and a resident of the county where the divorce is filed for at least 90 days prior to filing.

Separation

While not required in most states, your state may require you to separate from your spouse before a divorce is granted. Typically, you and your spouse must live apart and may be required to provide formal notice to the court of when your separation began. For example, the divorce process in Delaware can begin only after the couple has separated for at least six months.

Waiting Periods

Even if you and your spouse agree on the terms of your divorce, you may remain legally married during a state-imposed waiting period. The divorce is then finalized once the waiting period expires.

Waiting periods vary by state. For example, Illinois considers a divorce final immediately when the judge issues a divorce order. Meanwhile, California imposes a six-month waiting period on all divorces.

Usually, there is no requirement that you prove a divorce is necessary or based on some wrongful action. State laws vary, and the best option depends on your situation.

No-Fault Divorce

You can obtain a no-fault divorce in all 50 states. Common grounds cited in no-fault divorces are irreconcilable differences or an irretrievable breakdown of your marriage. Neither of these requires proof that a spouse engaged in wrongdoing. In many states, no-fault divorce is the only recognized type of divorce.

Fault Divorce

Some states also allow fault-based divorce. This type of divorce is based on grounds such as adultery, abuse and cruelty, or confinement in prison. Unlike in a no-fault divorce, the stated grounds for divorce must be proven through evidence.

Choosing a fault-based divorce may allow you to bypass waiting periods or increase alimony and child support in some cases. However, the legal process to prove your case will likely be more drawn out and expensive.

Covenant Marriage

A covenant marriage strictly limits the allowable grounds for divorce. Premarital counseling and physical separation are required before divorce, and the spouse seeking divorce must prove adultery, physical or sexual abuse of the spouse or a child, commission of a felony or drug use. This type of marriage is often chosen for religious reasons and is allowed only in Arizona, Arkansas and Louisiana.

Divorces are considered either contested or uncontested, depending on whether the spouses agree on divorce terms. For example, your divorce would be considered contested if you and your spouse cannot agree on custody arrangements for your child. It could also be contested if one spouse wants alimony but the other objects.

Contested divorces can take more time and money to resolve, especially if an agreement cannot be reached through negotiation or mediation. Keep in mind that personal information, such as evidence of drug use or past arrests, may become part of the record in a contested divorce as both parties attempt to sway the court to approve their preferred terms.

An uncontested divorce is easier to resolve informally. If you and your spouse agree on terms, then you might consider using an online divorce service to facilitate the paperwork without hiring a divorce lawyer.

The divorce process varies by state, but the general steps are:

• File a petition with the court. This may be called a divorce petition or complaint. It identifies the persons involved and lays out the desired terms for the divorce. Terms typically cover the division of marital assets, child custody and spousal or child support.
• Serve your spouse. After the petition is filed, you must serve notice of the divorce filing and your petition to your spouse. This must be served by a neutral person not involved in the divorce. Some states require delivery through a process server or sheriff, or by certified mail. According to the National Association of Professional Process Servers, process server fees typically range between $20 and $100.
• Await response. Your spouse will be able to file a formal response to the petition, or you can do so if the divorce paperwork was served by your spouse. The responding party has the chance to agree or contest the proposed divorce terms. The allotted time to respond varies by state but is usually no less than 20 days.
• Undergo discovery and negotiation. If there are parts of the divorce that are disputed, then both parties have an opportunity to request financial documentation and personal information relevant to the divorce. During this time you may also have settlement negotiations in an attempt to resolve the divorce without going to court.
• Proceed to court or mediation. If you cannot reach a negotiated settlement, then your divorce will proceed to court. Some states require mediation before a court hearing, while others move your dispute directly before a judge.
• Obtain a divorce decree. Once you and your spouse have agreed to all terms for the divorce—or a court has ruled on disputed terms—a judge will issue a divorce decree. Once this document is issued, the divorce is final.

It is not always necessary to have a lawyer represent you during your divorce. However, hiring a divorce lawyer is often helpful in these circumstances:

• Contested divorce. If you and your spouse cannot agree on key issues, then having a lawyer to advocate for you may make it more likely that you will be able to obtain divorce terms you can live with.
• Significant assets. Complex financial holdings or real estate disputes often require legal expertise to divide fairly.
• Child custody. Deciding terms around who will have primary custody and when each spouse will have care responsibilities for children can be complicated. A lawyer can make sure you consider all of the ramifications of the terms on your personal life and family relationships.
• Spousal and child support. A lawyer can help you determine fair and reasonable support terms that are likely to be approved by a court.
• Abuse or domestic violence. Your attorney can help secure protective orders and may be able to connect you with resources to keep you safe.

• National Center for State Courts. Find resource links to state and local court websites.
• Legal Aid Services. Discover local and regional legal support services for those unable to afford a lawyer.
• Online Divorce Services. Explore Forbes Advisor’s review of DIY divorce services useful in uncontested divorces.

Many states also offer self-help resources for individuals and families in court clerks’ offices.