- 1). Draft a petition for dissolution of marriage. The petition for dissolution of marriage is the document in which you, the petitioner, assert basic facts about you and your spouse (the respondent), and your marriage. In it you must request that the court dissolve the marriage, restore non-marital property and, if there are children, make orders pertaining to child custody and support. Most family courts require that this petition be notarized and include a verification---that is, a statement indicating that you have read the document and believe its contents to be true. If your jurisdiction recognizes only no-fault divorces, you must assert that the marriage is irretrievably broken (or use similar language to this effect) and satisfy the jurisdiction's separation period in order to file for divorce. If your jurisdiction recognizes fault divorces, you must establish one of the grounds for divorce recognized in your jurisdiction. Grounds may include adultery, abandonment or cruelty. In most fault divorces, you will not have to live separate from your spouse for a certain period in order to file for divorce.
- 2). Complete a court-mandated financial disclosure. Most family courts require both parties to submit to the court and to each other a financial disclosure within a certain period after filing or receiving service of the petition. Petitioners usually submit this document at the time of filing the petition. Both parties must supplement the financial disclosure with several financial documents, such as income tax filings and proof of income, although these supplemental documents are not to be filed with the court.
- 3). Complete any other court forms. Some family courts will require that you complete other forms for record keeping or statistical purposes. These can include case data sheets that request personal identification information for you, your spouse and any children or vital statistic forms that request biographical information about you and your spouse's background.
- 4). Complete a civil summons. To properly serve your spouse with the divorce petition, you must complete and deliver a civil summons to your spouse. Because only attorneys and court clerks should have access to blank civil summons forms, you must have your attorney or a court clerk provide you with this document.
- 5). File documents with the court and serve the respondent. Once all of your documents are complete and ready for filing, you must make a copy to serve your spouse with and file the original documents with the court. There are a number of ways to serve your spouse, including by first class mail or by sheriff. Contact your attorney or the family court to determine the applicable filing fee and acceptable methods of payment. If you choose to serve your spouse by sheriff, you must pay an additional fee.
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