Divorcio

Divorce laws vary by state, but here are the basic steps:

1. Meet residency requirements - You or your spouse must live in the state or territory for enough time to meet the residency requirements.
2. Determine grounds for divorce - You must have “grounds,” a legally acceptable reason, to end your marriage.
3. File and serve divorce papers - You must file divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court – By Yourself section. (If your spouse is in a foreign country, consult a lawyer about international service.)
4. Spouse’s response - Your spouse can disagree or agree with your divorce papers. Below, we lay out various scenarios of what could happen:

5. Resolve divorce issues - You will have to deal with the issues of marital property and debt, finances, and children. As part of the divorce, the judge will:

• divide up property, money, or debt from your marriage;
• decide whether either spouse gets spousal support during or after the divorce; and
• make an arrangement for child custody and child support for any children you have together.

If possible, you and your spouse can resolve these issues by agreeing to an out-of-court settlement. This type of agreement is usually made with the help of lawyers. If you can’t agree, or if it’s unsafe for you to deal with your spouse directly to discuss these issues, the judge will decide these issues after a series of court hearings.