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How does the divorce proceeding begin?

The divorce attorney for the party bringing the divorce proceeding prepares a "petition" (sometimes called a "complaint") that states the basic facts. Attached to the petition will be whatever documents are required by state law. These documents are filed with the court, and copies are delivered to your spouse. This delivery is called "service of process" and is the way that your spouse is formally notified of the divorce action.

Some states have their own forms that you must use. Generally, whether or not a state has a required form, you will have to include in your petition the full names of the parties, the length of time you have resided in the state and the county, the date and place of marriage, the date of separation (if you are living apart) the names and birth dates of your children, and the grounds for divorce (if you do not file for a "no fault" divorce). Check with a divorce attorney in your area.