Free Legal Divorce Process Checklist

Confirm eligibility for divorce (residency requirements)

Gather necessary financial documents (bank statements, tax returns, assets, debts)

List marital assets and liabilities.

Decide whether to seek legal advice or hire a divorce attorney.

Discuss the potential for mediation or uncontested divorce.

Determine which court has jurisdiction over the divorce

Prepare and file a petition for divorce (also called a complaint)

Pay filing fees (varies by state and court)

Serve divorce papers to your spouse.

Ensure spouse acknowledges receipt of divorce papers (service of process)

Request temporary orders if necessary (child custody, support, spousal support)

Attend a court hearing for temporary orders.

Follow the court’s temporary orders during the divorce process.

Wait for a spouse to file a response (or default if they do not respond)

Discuss settlement or mediation options if both parties agree.

File a counter-petition if the spouse contests the divorce terms.

Exchange information and financial disclosures (assets, debts, income, etc.)

Request relevant documents or information from your spouse through discovery.

Review documents and financial statements for accuracy.

Investigate and hire an expert (if necessary) to assess asset value or income.

Attempt negotiation and settlement through mediation or collaborative law

Draft a divorce settlement agreement outlining terms (assets, debts, custody, support)

Ensure both parties sign the settlement agreement.

If a settlement is reached, submit the agreement to the court for approval.

Prepare for a trial if mediation or negotiation fails

Attend court hearings for contested issues.

Present evidence and testimony to the judge

Follow the judge’s orders during and after the trial.

Ensure the judge signs the final divorce decree

Review the final divorce decree to ensure all terms are accurate.

File the final decree with the court to make it official.

Obtain certified copies of the final divorce decree for records.

Update legal documents (wills, powers of attorney, beneficiaries)

Change insurance policies (health, life, auto) to reflect changes.

Modify bank accounts and credit cards as necessary.

Update name (if applicable) on official documents

Comply with post-divorce obligations (child support, alimony, custody arrangements)