To start the filing process for divorce, both parties must complete a Petition for Dissolution of Marriage or Legal Separation. If either party wishes to restore their former name after divorce, this request must be indicated in the appropriate area of the petition. One of the parties must also complete a Domestic Case Information Sheet. These documents and all other court forms should be photocopied.

The divorce papers must be taken to a local District Court and filed with a clerk. The clerk will charge the filer a fee of $230. If unable to afford the fee, an exemption can be requested by filing a Motion to File Without Payment and Supporting Financial Affidavit along with a blank Finding and Order Concerning Payment of Fees. The couple will be required to attend an Initial Status Conference (ISC) which is a preliminary meeting where the parties can explain any issues concerning their case. If an ISC wasn’t scheduled automatically, the filer will need to contact a clerk and schedule the date themselves. The clerk may also provide the filer with a Case Management Order containing important information about the divorce case.

The co-petitioner may respond to the divorce petition by filing a Response to the Petition for Dissolution of Marriage or Legal Separation. In this document, the co-petitioner states whether they agree or disagree with the petitioner’s claims. It should be noted that the parties must agree on all divorce-related matters in order to obtain an uncontested divorce judgment. If a response is filed, the co-petitioner must pay a $116 fee and mail a copy of their response to the petitioner.

• In many divorce cases, the court requires the petitioner to notify their spouse of the divorce case by serving them with copies of the filed paperwork. However, since the spouses filed a joint petition, service of the paperwork is not required.

Additional paperwork must be completed by the parties and filed with the court within forty-two (42) days after the divorce papers were initially filed. The additional documents are as follows:

• Financial Disclosures
  • Each party must complete a Sworn Financial Statement to reveal their current income, assets, expenses, and debts. If needed, additional assets and property may be reported in a Sworn Financial Statement, Supporting Schedules. The spouses should provide each other with copies of their statements.
• Certificate of Compliance with Mandatory Financial Disclosures
  • After the parties disclose their finances, each spouse must complete a Certificate of Compliance with Mandatory Financial Disclosures. A copy of the certificate must be delivered to the other spouse before filing with the court.
• Parenting Documents
  • If the divorce involves minor children, the spouses must complete a Parenting Plan to allocate parental responsibilities and establish a custody schedule. They must also calculate child support obligations by completing a Child Support Worksheet (see instructions).
• Separation Agreement
  • A Separation Agreement is needed to describe how the parties intend to handle alimony, child support, and the disposition of assets and debts. It also proves to the court that the couple has resolved all matters regarding their separation.
• Support Order
  • If either spouse requests alimony or child support, they must prepare a Support Order. Only the caption and party/children information should be filled in; the remainder of the form will be completed by a judge or magistrate.
• Decree of Dissolution of Marriage or Legal Separation
  • Either spouse must prepare a Decree of Dissolution of Marriage or Legal Separation by filling in the caption area and other sections that apply to their case. If a name change has been requested, the requesting party should provide the court with an additional copy to be certified ($20 fee per certified copy).
• Affidavit for Decree without Appearance of Parties
  • If the parties do not have children, they may file an Affidavit for Decree Without Appearance of Parties to notify the court that they are eligible to proceed without appearing in court.

If the parties received a Case Management Order with information about scheduling a hearing or status conference, the procedures described in the order must be followed. If the court scheduled a status conference, but neither party appeared in court, the parties must only complete the 3rd step below. Otherwise, the parties must complete all three (3) of the following steps to set a date and time for their court appearances:

1. Either party must fill out a Notice to Set Hearing, deliver a copy to their spouse, and file the original document with the court.
2. The spouse who filed the Notice to Set Hearing must contact a clerk of the court and ask them to schedule a date for their hearing or status conference.
3. If a hearing or status conference is deemed necessary by the court, the spouse will need to complete either a Notice of Hearing or Notice of Domestic Relations Status Conference. A copy must be delivered to the other spouse, and the original must be filed with the court.

Note: If the parties filed an Affidavit for Decree Without Appearance of Parties, they may not be required to appear in court. The couple should contact a clerk to determine whether their presence in court is required.

The parties should contact the District Court to see if both spouses need to appear in court. The non-attending parties should provide the court with a self-addressed and stamped envelope to receive their Decree/Order by mail. Those who are required to attend the hearing or status conference must visit the courthouse on the designated date and present their case to the judge or magistrate. The case will be evaluated and the judge or magistrate will decide whether the divorce should be granted. If a divorce is awarded, the parties will receive a copy of the Final Decree and Support Order to notify them that their marriage has been terminated.

Individuals who requested a name change must request a certified copy of their Final Decree from the court (there will be a $20 fee). They may then present the decree to the Social Security Administration, DMV, and other institutions to update their records.