How To File For Divorce: In Person And Online (2024)

Navigating the Legal Landscape of Divorce

While divorce is not uncommon, every couple has unique reasons for wanting to divorce, and not every case will fit a predefined pattern for a court to dissolve their marriage. Still, no matter your reason for divorce, there are basic legal requirements you can expect to encounter when you file.

Legal Requirements for Divorce

State laws vary in the requirements a couple must meet to file for divorce in the jurisdiction, including the following:

Marriage

It might seem counterintuitive, but generally, you must prove you were married when you file for divorce. This often means including your marriage certificate. If you lost your marriage certificate, you can get a copy of it from the state or, in some cases, the county where your marriage was performed.

Occasionally, the filing spouse cannot get proof of the marriage. The certificate might have been destroyed, or the marriage may have happened in a foreign country where records simply do not exist. In these cases, your state may allow you to submit witness statements to prove your marriage.

This requirement also tells you the types of relationships that do not qualify for a divorce. For example, only eight states currently allow common law marriages, although all states recognize common law marriages validly formed in another state. Couples who think they have a common law marriage but never lived in one of the eight states that allow them cannot get divorced because they are not legally married.

Similarly, couples with an invalid marriage cannot get divorced. States vary in their requirements for marriage, but most only allow people to marry when they are:

• Over a certain age

• Single

• Not first cousins or closer in kinship

If a couple has an invalid marriage, the proper procedure is an annulment rather than a divorce. States usually reserve divorces for couples who have valid marriages.

Grounds for Divorce

All states allow no-fault divorce. This means that the party petitioning for divorce does not need to give reasons for the filing. Instead, they only need to state that they want to end the marriage. More importantly, only one party needs to have the desire to divorce. The state accepts the petition if one spouse asks to end the marriage.

A no-fault divorce may also require separation in some states. These states require the spouses to live separately for a period before filing a no-fault divorce. For example, Arkansas requires a couple to live apart for 18 months before they can become eligible for a no-fault divorce.

Some states also allow fault-based divorce. In a fault-based divorce, the petitioning party gives reasons for the filing, such as:

• Adultery

• Abandonment

• Drug or alcohol addiction

• Domestic violence

Filing a fault-based divorce will usually not change the court procedures used to conclude the marriage. However, the grounds may give the court a preview of the petitioner’s arguments. For instance, a spouse might file for divorce alleging drug or alcohol abuse so that they can later ask for sole custody.

Residency

At least one spouse must meet residency requirements to file in a state. If both spouses live in the same county, they will file in the court with jurisdiction over both of them. However, if they live in different counties or states, their divorce attorney will need to look at the residency requirements of both states to determine where to file for divorce.

For example, Virginia’s residency statute states that one or both spouses must live in the commonwealth for at least six months before filing for a divorce. If your spouse just moved to Virginia, you cannot file there. Instead, you will need to file in your home state.

How to File Divorce Papers at the Courthouse

When you are ready to file, most states have online resources explaining how to file divorce papers properly. Divorce papers typically include the following:

• Cover sheet

• Divorce petition, also called the complaint

• Summons

• Proof of service

The cover sheet gives the names of the parties and the type of case, and the court clerk uses this sheet to assign the case to a judge. The divorce petition sets out the facts showing the petitioner meets the legal requirements to file a divorce and requests dissolution of the marriage.

Additionally, the summons and proof of service are completed by the clerk and returned to the petitioner. The summons is then served upon the other spouse with a copy of the petition. Once service is complete, the petitioner returns the proof of service to the clerk, showing the other party has been informed of the case.

A court clerk can explain how to file for divorce in your particular jurisdiction. You can usually download copies of these forms from the court’s website, fill them out, and file them at the courthouse by giving the completed documents to the clerk's office and paying a filing fee.

How to File for Divorce Online

All states allow in-person filing. Many states also allow the filing of online divorce papers. States vary on how to initiate a divorce online. In most cases, the court website either provides a packet with instructions or a filing wizard that guides you through the forms.

One state that allows online filing is Wisconsin. Petitioners answer questions, and the filing wizard fills out the forms for them. At the end of the process, a petitioner can file and pay online, or print the forms and file in person at the clerk’s office.

Contact ConsumerShield for More Information Today

With a high rate of divorce in the U.S., thankfully, the steps to file for a divorce are relatively simple. However, gathering the information for the filing and preparing the documents can sometimes become complicated.

ConsumerShield helps people facing divorce and other legal issues by referring them to lawyers for their cases. Contact us for a free case evaluation today.