Divorce continues to affect a significant number of Americans. According to the U.S. Census Bureau’s 2024 American Community Survey, 881,775 men and 986,810 women reported that they had divorced within the previous 12 months, for a combined estimate of nearly 1.87 million people. The national divorce rate for women ages 15 and older was about 7.1 divorces per 1,000 women in 2022, down from 9.8 in 2012.
Filing for divorce is a major legal and personal decision that can affect several aspects of a person’s life. This includes finances, property, child custody, support, and living arrangements.
The exact process for divorce may vary by state. That’s why it’s important to know how to file for a divorce and what to expect from the initial petition to the final judgment.Â
The Process Starts With a Petition, Not a Courtroom
The process of getting a divorce starts with the filing of a piece of paper rather than attending a hearing.
Either party would file a petition, referred to as a complaint, at the proper court, stating the details of their marriage and what they would like to have from the marriage with respect to issues like property division, financial support, and custody of any children that may be involved.
However, before all these, both parties must fulfill a certain residency requirement period that varies between states.
The Other Spouse Has to Be Formally Served
Once the filing of a petition takes place, the other party needs to be served officially with the documents in a process known as service, which can be done by a sheriff or a private process server, among others, who have been authorized by the court for such an action.
Informal notice will not usually suffice. Once the service has taken place, the other party is usually given a period of about 30 days to respond.
A Parker family law lawyer regularly guides clients through this earliest stage of a case, since decisions made in these first few weeks often set the tone for how manageable everything that follows turns out to be.
Financial Disclosure Comes Before Any Real Negotiation
Both parties are obligated to give a complete disclosure of their income, assets, and debts prior to engaging in any serious negotiation.
It is done in order to ensure the accuracy of the information since the process of property division and calculation of support depend on the accuracy of the data, and usually if there is something hidden at this stage, it will be revealed later with consequences for the one who has kept the information secret.
In the states that follow the concept of community property, most of the property and debts are divided in half, whereas the separate property does not go into this division.
Custody and Support Get Negotiated or Decided by a Judge
If there are children involved, custody and child support become primary issues, and courts in the majority of states have become inclined towards those solutions that take into consideration the active participation of both the parents wherever it is feasible.
In the case of spousal support, the factors that influence this decision include the duration of the marriage as well as the income disparity of the partners. The majority of these issues are sorted out through direct negotiation or mediation as opposed to trials.
There’s Usually a Mandatory Waiting Period Before Finalization
Even when the divorce is uncontested, there is a waiting period before it can be finalized. Depending on the state, this period may last several weeks or months.
This waiting period can provide time for required procedures to be completed. This includes financial disclosures, settlement agreements, and other necessary court hearings. In some states, they may also provide spouses with time to reconsider before the divorce becomes final.
The Final Order Is Where Everything Becomes Enforceable
The divorce becomes officially finalized once the judge signs the final decree and the document is filed in court.
Agreements or orders addressing property division, child support, and custody generally become legally enforceable. So, when either party fails to follow these orders, the other can legally seek the court to enforce the applicable terms. Reaching this stage may take several months in an uncontested divorce or more than a year in a heavily contested case.
None of these steps happen in an organized and scheduled way on its own. Cooperation of both parties, complexity of financial dealings, and availability of local courts’ calendars will define the time it takes for this process to be completed.
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