Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership (or both), and where to get help. Get step by step instructions on filing your divorce or legal separation case, with links to forms, instructions, and where to get help.
How does a court process for divorce work?
To let a couple become divorced or legally separated, the court must approve and sign a judgment. The process of obtaining a judgment will depend on whether the respondent files a response and whether the spouses or domestic partners can reach an agreement about the terms of the divorce or legal separation.
Which is the first step in a divorce?
If you’ve decided to legally separate from your spouse, the first step in this process is to file for a legal separation. Before doing so, know that a legal separation is a binding, legal contract that is just as important as a divorce; the only difference is that on paper, your marriage and legal rights that come with it remain intact.
Can a court order or separation end a marriage?
Separation agreements and court orders can resolve some family matters when you separate but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce.
Access the forms you will need and resources where you can get help. Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership (or both), and where to get help.
Why is the date of separation so important in a divorce?
The date of separation can determine when a spouse becomes responsible for child support and/or alimony. Divorcing couples are usually most concerned with the date their divorce will become final, but there are a number of reasons why the “date of separation” (when one spouse decides the marriage is officially over) is actually more important.
Can a judge consider adultery after the date of separation?
In these states, any sexual conduct a spouse engages in after the date of separation isn’t adultery. Since the couple is already separated, judges won’t consider the relationship the cause of the divorce, unless the relationship began prior to separation.
How does the date of separation affect child support?
The date of separation can determine when a spouse becomes responsible for child support and/or alimony (also called “spousal support”). For example, if a husband who earns all of the household income moved out of the marital residence, a court can order him to pay temporary child support and alimony from the date he left.
