- 1). Contact your courthouse to obtain a "Complaint for Divorce." Most jurisdictions will have a simple form for you to complete, and some may even have an office designed to help you to complete the paperwork. The form will ask you for basic information such as your name, your spouse's name, and the date of your marriage. The form also will ask you questions to determine your eligibility for divorce.
- 2). Determine the grounds for your divorce. The grounds vary by state, but commonly include separation, adultery, abuse and desertion. Some states also allow for a divorce based on the grounds that your spouse is incarcerated, failing to contribute to the marriage, or is hospitalized in a mental hospital. Be sure that you choose grounds for divorce that apply, because your spouse can have the complaint dismissed if there are no grounds for the divorce.
- 3). File your complaint with the court. The court then will give you instructions for serving your spouse with the divorce paperwork. It is important that you have your spouse served, as she will not have to respond to the action until she actually is served with the papers.
- 4). Serve the divorce papers. In most jurisdictions, you can do this in three ways: through certified mail, having someone you know serve him personally, or having a sheriff or process server serve the papers. A spouse that does not want the divorce may attempt to evade service, so you may have to spend some time and energy ensuring that you achieve service on your spouse.
- 5). Ask the court for a default judgment. If your spouse does not file an answer to your complaint within the time period allowed by your jurisdiction, you will have to file a motion for default judgment. As you did with the complaint, contact the courthouse to obtain the paperwork for a default judgment. Once a judge is satisfied that your spouse is simply refusing to answer the complaint, she can grant the divorce without your spouse's appearance in court, or consent.
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