- 1). Draft a petition for dissolution. You can obtain a blank petition for dissolution form from the office of the clerk at your local county or district courthouse, or online from the court system website in some jurisdictions. Complete the information in the form providing full disclosure of all property and assets, income and identification information for both spouses and of any children of the union.
If both you and your partner agree to divorce and can reach a mutually agreed division, you can file an uncontested divorce petition. Uncontested divorces can be processed quicker and require fewer court appearances on your part. - 2). File the petition with the clerk's office, and once you pay filing fees (which range from $50 to $300) you will receive a stamped copy of the petition along with a court date. Be sure to provide a copy of the petition to your spouse by using a special process server such as the county sheriff.
Most states have a waiting period between filing of the petition and any court decree. These waiting periods range from 20 to 90 days, depending upon whether you have children. After the waiting period elapses, the matter will be set for either a hearing on a contested divorce or the entry of dissolution for an uncontested divorce. - 3). Appear in court on your petition, and either participate in a contested divorce hearing, or a review of your petition by the judge for an uncontested divorce. The court will review the merits of the petition and make a final divorce decree that provides for an equitable distribution of marital assets. If there are children in the marriage, the dissolution decree can incorporate child custody, visitation and support allocations.
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