If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn’t filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.

What is the process of divorcing?

To get a divorce, you will need to file an application for divorce. You can choose to file either a sole application or a joint application. You are the applicant and your spouse is the respondent. If there is a child of the marriage under 18 years of age, you must attend the divorce hearing.

What happens if both spouses agree to a divorce?

Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: any other statutory information that your state requires.

What’s the first step in the process of divorce?

Often the first step taken in the process of getting a divorce is for one spouse to move out of the shared residence. This might just be a trial separation while they decide if divorce is imminent or if they might get back together, or this might be a definite step in the initiation of the divorce.

Do you have to file for divorce with both spouses?

Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information:

What do you have to do to get a divorce in your state?

Divorcing spouses must meet the state’s residency requirement before the court can accept the case. Grounds for divorce vary from state-to-state. However, all states offer divorcing couples the option to file a no-fault divorce.