How to File a Divorce Petition
A plain-language walkthrough of starting a divorce: the petition vs. the response, residency requirements, what to include about property and children, and how an uncontested divorce works without a lawyer.
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Petition vs. response
A divorce starts when one spouse files a Petition for Dissolution of Marriage and has the other spouse served. The person who files is the petitioner; the other is the respondent. If your spouse filed first and served you, what you file is a Response, not a petition. Filing or responding on time matters — ignoring a served petition can lead to a default that sets terms without your input.
Check the residency requirement first
Most states require you (or your spouse) to have lived in the state, and often the county, for a minimum period before you can file there. If you do not meet it, the court may reject the case. Confirm your state’s residency rule before you prepare anything else.
What a divorce petition addresses
- Basic facts: the marriage date, separation date, and grounds (most states allow no-fault)
- Property and debts: what is marital versus separate, and a proposed division
- Spousal support, if either spouse is requesting it
- Children: a custody and parenting-time framework and child support, if applicable
- Name restoration, if a spouse wants to return to a former name
Uncontested vs. contested
An uncontested divorce — where both spouses agree on the major issues — is usually faster, cheaper, and very commonly handled without lawyers. You file the petition, the other spouse agrees (or files an uncontested response), and you submit a settlement agreement for the judge to approve.
A contested divorce, where you disagree about property, support, or custody, is more involved. People still represent themselves in contested cases, but the higher the stakes — significant assets, a business, or a custody dispute — the more worthwhile a consultation with a family-law attorney becomes.
Steps to start
- Confirm you meet your state’s residency requirement.
- Prepare the Petition for Dissolution with your property, support, and (if relevant) custody framework.
- File it with the family court clerk and pay or request a waiver of the filing fee.
- Have your spouse formally served and file the proof of service.
- If uncontested, prepare a written settlement agreement covering all issues.
- Complete any required waiting period and submit the final paperwork for the judge to sign.
Frequently asked questions
- Can I get divorced without a lawyer?
- Many uncontested divorces are handled pro se from start to finish. If there are contested assets, support disputes, or a custody conflict, consider at least consulting a family-law attorney even if you still do much of the work yourself.
- What is the difference between a petition and a response?
- The petition starts the case — the spouse who files is the petitioner. The response is what the other spouse files after being served. If you were served first, you file a response rather than a new petition.
- Is there a waiting period for divorce?
- Most states impose a mandatory waiting period between filing and a final divorce, ranging from a few weeks to several months. Your state and county also set residency requirements you must meet before filing.
- Does a divorce petition handle custody?
- A petition can include a custody and parenting-time framework and address child support. For detailed parenting plans and schedules, a dedicated custody-agreement document is often used alongside the divorce.
State-specific information
Court rules and deadlines vary by state. See the page for your state for local context: