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The legal process

How a divorce moves through court, step by step

File, serve, disclose, agree, finalize. The names change by state. The shape does not.

A courthouse with tall columns framed by trees

Every state follows the same basic shape, even though the form names and deadlines differ.

  1. Meet the residency rule. Most states require one spouse to have lived there for a set time, from zero days to a year.
  2. File the opening paperwork. Usually called a petition or complaint, filed with the family or trial court in your county, with a filing fee or a fee waiver request.
  3. Serve your spouse. Your spouse must receive formal notice. They can often sign an acceptance or waiver instead of being served in person.
  4. Wait for a response. Your spouse has a set number of days to respond, often 20 to 30. If they do not, you can usually ask for a default.
  5. Exchange financial disclosures. Both spouses share income, expenses, assets and debts on required forms within a deadline.
  6. Reach agreement or prepare for trial. Agreements are written into a settlement agreement and, with children, a parenting plan.
  7. Finish the waiting period. Many states require a minimum number of days between filing or service and the final judgment.
  8. Get the final judgment. The judge signs the decree. Some states require a short hearing; others finalize on paperwork alone.

How long it takes

An uncontested divorce often finishes soon after the state's waiting period ends. Contested cases commonly take a year or more. Your roadmap in KindSplit calculates your earliest possible dates from your state's rules and the dates you enter.

This guide is general information, not legal advice. Laws differ by state and change over time. For advice about your situation, talk to a licensed attorney in your state.

Ready when you are

Turn this into your plan.

Counsel applies this to your state and your own numbers, and builds your roadmap with dates.