How to Obtain a Divorce in the U.S. (Step-by-Step Guide)

This guide explains the divorce process and how to get your divorce and other vital records online.

1. Start with Residency Requirements

Before you can file for divorce, you must meet your state's residency requirements.

This determines where you can legally file your divorce petition.

Most states require that one spouse has lived in the state for 3-6 months (sometimes short or longer, depending on the state).

For example:

• New York: At least 1 year of residency.
• California: At least 6 months in the state and 3 months in the county where you plan to file.
• Nevada: 6 weeks (shortest residency requirement)

For accurate information, contact your family or circuit court clerk's office regarding divorce procedures and residency requirements.

Contact the Department of Health or the vital records office to obtain marriage and divorce certificates.

2. Choose the Legal Grounds for Divorce

Each state requires that you list a reason (or grounds) for the divorce.

Two general categories:

• No-fault divorce: The most common. You simply claim "irreconcilable differences" or "irretrievable breakdown of the marriage".
• Fault-Based Divorce: One spouse must prove wrongdoing, such as adultery, cruelty, or abandonment.

Most couples today choose no-fault divorces for simplicity and faster processing. No-fault divorce timelines vary by state. Many states require a wait or a period of separation before the court grants the divorce.

3. Filing the Divorce Papers

The official process begins when one spouse (the petitioner) files a petition or complaint for divorce with the court.

To initiate the process, you must file a completed divorce petition.

Courts or internal teams usually verify marriage certificates, but some jurisdictions may also request a copy.

Proof of residency is required and may include a:

• Government-issued ID
• Utility Bills
• Sworn Statements

The petitioner must serve the divorce papers on the spouse and follow the state’s rules for service.

If you had a marriage ceremony, you can get your marriage record and certificate from:

• Your county clerk's office OR
• The vital records online system for your state

4. Responding to the Divorce Petition

Once served, your spouse (the respondent) must reply within a set time period.

If both parties agree to all terms, the divorce is uncontested, which usually simplifies and expedites the process.

Your case becomes contested if you disagree about assets, custody, or support. It may go to mediation or a court order.

Local courts schedule divorce hearings and mediation based on their calendars, usually during regular business hours.

5. Mediation or Court Proceedings

If you cannot resolve disputes privately, the court may require mediation or schedule a hearing.

Both parties may need to submit:

• Financial documents
• Property statements
• Affidavits of income and assets

The judge will review all evidence and issue a final court order (AKA: divorce decree).

This legally ends the marriage and outlines child custody, alimony, and property division.

6. After the Divorce: Obtaining Records

After the court finalizes your divorce, two key documents become available:

1. Divorce Decree: Issued by the court and contains full details about custody, property, division and support.
2. Divorce Certificate: Issued by the state's vital records or department of health. This serves as official proof of the divorce.

You can request these records the same way you request other vital records, such as a birth, marriage, or death certificate.

To order a certified copy online, you'll typically need:

• Full names of both spouses
• Date and place of divorce
• A valid government photo ID
• Payment (most offices accept credit cards for online orders)

Processing time varies for ordering vital records online.

7. How Divorce Records Relate to Vital Records

Divorce records are part of the same vital records network that includes:

• birth records
• marriage licenses
• death certificates

You can order a birth certificate online, request your marriage certificate records, or view your marriage license online.

For example:

• You can apply for certified copies of your own birth or marriage records.
• Contact the Department of Health or the county clerk to find where your marriage license was issued.
• Some states allow you to view marriage records or public marriage records free online through searchable databases.

8. Why a Certified Copy Matters

A certified copy of a divorce, birth, or marriage record is an official document. The document often includes a raised seal.

Agencies require it for name changes, remarriage applications, Social Security updates, and immigration or court matters.

If you need a marriage certificate, you can request one from the county clerk or the state vital records office. They can provide a copy for a fee.

9. Moving Forward After Divorce

StateVitalRecords.org simplifies the process. Use it to update your name, apply for a marriage license, or request a birth or death record.

Our platform connects you directly with official vital records, fully online. That way you can securely order certified copies of:

• Divorce certificates
• Marriage Certificates
• Birth and Death Certificates

The entire process is available from home.

Here’s how it works:

• Go to StateVitalRecords.org to get your vital records online
• Select your state and begin your online order
• Fill out the form with all the important information
• Upload a scan of your government-issued photo ID
• Complete a sworn statement, notarized online via webcam with NotaryLive (if required)
• Pay the fees with a credit card
• We will send your application for you to the state (After we send it out, it's in the jurisdiction's hands)
• Your certified copy of the birth certificate will be mailed to your home from the jurisdiction

Why choose StateVitalRecords.org?

• State-authorized and 100% secure
• Offers remote online notarization
• Guides you through the process step-by-step
• Saves you the hassle of mailing documents or visiting a physical office

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