Agreements

• There are two main types of divorce: contested and uncontested. In an uncontested divorce, both spouses agree to dissolve the marriage voluntarily and make arrangement on property division, child custody and visitation and financial matters without the assistance of the court. In a contested divorce, couples who cannot reach an amicable agreement enlist the assistance of the court to resolve their material disputes.
  
  The courts prefer that couples resolve issues on their own, so if you are having difficulty agreeing on how the divorce should proceed, consider enlisting the assistance of a private divorce mediator before proceeding with a contested divorce. Doing so will speed up the legal end of your case.
  
  

Jurisdiction

• Before you begin the process of filing for divorce, you will need to determine the appropriate jurisdiction. Generally, this will be the place where you or your spouse currently resides. If you and your spouse live in different states or have moved within the previous six months, consult with an attorney before you prepare your divorce paperwork, because filing in an inappropriate jurisdiction can lead the court to dismiss your case.
  
  

Paperwork

• Once you have determined where you must file for divorce, compile the paperwork that the court will need to assess your case. This will include copies of financial documents, including tax returns, pay stubs, credit card bills and accountings of your joint investments. After you have your documentation ready, fill out your divorce papers. Each jurisdiction has a sample copy of a divorce petition, financial affidavit and child custody affidavit in their written set of rules. You can request a copy for free through the Office of the Clerk of the Court.
  
  On your divorce forms, you will need to provide basic information about you and your spouse, including your full names, dates of birth, current addresses, date of marriage and place of marriage. If you have children, you will also need to list their names and dates of birth on the divorce petition.
  
  After providing basic information on the parties to your divorce, you will need to state the legal grounds under which you are divorcing. The allowable grounds for divorce vary between states, but you will generally have the option to divorce because of adultery, abandonment or irreconcilable difference and voluntary separation.
  
  After the court receives your paperwork, you must serve a copy of the paperwork on your spouse, who will have the opportunity to respond to your divorce petition in writing. Once the court evaluates these documents, you will be assigned a hearing date where both you and your spouse will have the opportunity to appear in front of a family court judge and present evidence to back up your requests. At the end of the hearing, the judge will either approve or deny your request to divorce.