Contemplating filing for divorce is an emotional and legal challenge. Chief amongst your concerns is achieving an understanding of how you file for divorce in the first instance. Although the applicable divorce laws vary slightly from state to state, the procedures to file for divorce generally are the same across the United States.

Resources

Use available resources in pursuing a divorce. Electing to file for divorce without an attorney makes you what legally is known as a "pro se litigant," a person proceeding in the judicial system on her own. You do have the right to pursue a divorce without an attorney. If you elect to follow this course, there are resources available to you to assist in the process of filing a divorce case. The court clerk is a primary resource for a person seeking to file for divorce without attorney. The typical court clerk maintains standard forms of the basic documents necessary to file for divorce. These include the petition for divorce, various motions that are used in divorce cases and other documents used in family court. Beyond standard forms, the court clerk provides you with written procedural guidelines. These guidelines assist you in understanding the documents you need to prepare and the manner in which you present to them to the court. The guidelines also explain the different types of hearings held during the course of a divorce case.

Petition And Motion for Temporary Orders

Prepare a petition and motion for temporary orders. The basic element of starting a divorce case is preparing and filing a petition for divorce. The petition for divorce is a prime example of the type of standard forms available through the court clerk. The petition sets forth basic information about the parties to the marriage. It requests the judge to enter such orders as are necessary to deal with all issues associated with terminating the marriage, including financial matters as well custody or and support for the children. In addition to the petition for divorce, a motion for temporary orders is also part of the process of stating a divorce case. This motion requests the court to enter a variety of orders that remain in place during the divorce case itself. These include temporary custody, parenting time (visitation) and child support orders. Temporary maintenance (alimony) also is requested through this process. When these documents are completed they are filed with the clerk of the court.

Legal Representation

Obtain legal representation. Although you enjoy the legal right to pursue a divorce on your own and without an attorney, consider seriously hiring an attorney. The reality is that divorce law and related court procedure is complex, even confusing. Therefore, your best interests are served through an experienced divorce attorney. If you have the funds necessary to retain a divorce lawyer, the state and local bar associations have directories of attorneys in different practice areas. Lacking the funds to hire your own counsel does not preclude you from obtaining qualified legal representation. The local legal aid organization in your community has attorneys experienced in divorce matters. The Legal Aid Society website will assist you in finding an office near you.

Source:

"Essential Guide to Divorce;" Emily Doskow; 2008

Cornell Law School: Divorce Overview

"The Divorce Organizer & Planner;" Brette Sember; 2004

More Information:

American Bar Association: Section of Family Law

Legal Aid Society