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Most states require that you or your spouse live in the state for a certain period of time in order to file for a divorce in that state. To file for a divorce, you need to take your divorce documents to the appropriate family court. The legal process of obtaining a divorce begins by filing a complaint or petition with the court.

Depending on the state where you and your spouse live, you may usually file for a divorce in the county where your spouse lives, in the county where you and your spouse lived at the time of your separation or in the county where you live if your spouse does not live in your state.

State Law Requirements

State laws vary but they provide the requirements that must be met in order to file for divorce in any particular state. Depending on your state, the following may be required:

• With the exception of Arkansas and Oregon, no distinction is made between the use of the words ''residence'' or ''domicile'' in the state laws. These terms refer to a person's permanent home. In Arkansas and Oregon, you must have been present in the state but you do not need to have established a permanent home there. In the remaining states and the District of Columbia, you must have been present in the state and you must have established a permanent home there.
• Forty-five states and the District of Columbia require that the domicile or residence be of a minimum period of time.
• Four states, Louisiana, Montana, South Dakota and Washington, do not have durational residency requirements, but require ''cooling off'' periods.
• Alaska has no durational requirement at all.
• Many states allow persons residing in the state as a result of military postings to divorce even though they would not otherwise satisfy the state's particular requirement. Be sure to check each state's laws regarding this issue.

The Complaint or Petition

The main document that you will need to file with the court is generally called either a complaint or petition, depending on state law. It formally asks the court to officially terminate your marriage. For complaints, the names of the parties are plaintiff and defendant. The plaintiff is the spouse who submits or files the complaint with the court. For petitions, the names of the parties are petitioner and respondent. The petitioner is the spouse who submits or files the petition with the court.

Provide Notice to Your Spouse

To get a valid divorce you need to give your spouse notice that you have filed for a divorce. Personal service, which means having the divorce complaint or petition handed to your spouse in person, is the preferred method of service but other forms of notice, such as publication, may be acceptable in your state.

Questions for Your Attorney

You may file for a divorce without an attorney but it is probably best to at least consult with an attorney before filing for divorce. An attorney can explain how the process of filing for divorce works in your state and even help you file the paperwork.

• What are the advantages of using an attorney to get a divorce rather then doing it by myself?
• How much experience do you have with divorce cases?
• Do you have references that I can contact, preferably divorce case clients?

Related Resources on Lawyers.com^sm

- Checklist-Preparing for Divorce
- Divorce articles and information
- Find a Divorce Lawyer in your area
- Visit our General Divorce Message Board