- 1). Determine whether you meet the statutory requirements of your jurisdiction. Each state has grounds set by statute that specify when a divorce will be granted. Some states have no-fault rules that allow divorces if the spouses have irreconcilable differences. Florida has a simplified dissolution of marriage procedure that requires a petition signed by both spouses.
- 2). Obtain the divorce complaint form that is used in your jurisdiction. Draft the allegations that state your cause of action for divorce. State all facts that show you meet the statutory requirements, including facts showing you meet the residency requirement. North Carolina provides a sample complaint in its self-help package. In Georgia, some grounds for divorce include adultery, physical abuse, desertion and drug addiction. All states have a residency requirement. If you reside in California, you can't file for divorce in Nevada.
- 3). Prepare a summons with the heading of the court. Each state has its own form for the summons in a divorce. North Carolina uses the general summons used in civil cases. Pay the required fees and file the summons and the complaint with the county clerk of the county where you reside. This filing commences your action for divorce.
- 4). Submit an affidavit to the county clerk letting the court know that your spouse is aware of the divorce proceeding. In an uncontested case, your spouse agrees to the divorce and doesn't have to be served with the summons. File your spouse's affidavit stating that he or she waives service of process and wishes to proceed with an uncontested case. Virginia provides a form affidavit for a spouse who agrees to waive service of process.
- 5). Most states require supplemental affidavits and additional forms as part of a divorce proceeding. Some states such as West Virginia and Texas make available divorce packets that provide guidance on the procedures involved. You will prevail if the facts alleged in your complaint meet all the statutory requirements.
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