Filing for Divorce

The divorce process starts with one party, known as the Petitioner, filing for the Petition of Divorce, which is the main document filed at the court. The other party is known as the Respondent. The Petitioner must state in the petition for divorce that the marriage has irretrievably broken down as the result of the acceptable grounds for divorce. Once the necessary forms have been completed, they must be filed with the Court Clerk. You keep a copy and your spouse gets a copy. The forms you need are:

You can take the papers to your Court Clerk in person or mail them. It is advisable that you take them in person, as that way there is less delay and no risk of the paperwork being lost in the mail. There is a fee for filing the papers. If you can’t afford the fee, you can apply for a Fee Waiver which means you will not have to pay the fee. It is important that you follow the correct order of the filing process, otherwise your case may be delayed. When your spouse is served with the papers, they must sign to show that they have received them and send the papers back to you for you to file with the county clerk.