You have come to the difficult decision to get a divorce – now what?! How does the process work? What does it actually mean when you read that your favorite celebrity “filed” for divorce? And how do you go about doing this too. 

Each state has its own forms (or packet of forms) which must be filed at a courthouse in order to request that the Court grant a divorce. These can often be found online, picked up in person at your local courthouse, or provided for you by an attorney. You can try to google search “Texas divorce filing papers” and look for the website that ends in “.gov” to know you are getting the most updated and accurate forms you will need (or better yet– contact an attorney). 

Many people will contact a lawyer before filing for divorce. Working with a lawyer at this step is the best way to make sure that you have all the correct forms you need, filled out accurately and completely for your specific state and scenario. Then, either you or your lawyer will bring these completed forms to the courthouse. 

The official form requesting a divorce is called the “Complaint” or the “Petition”. It is the document signed by at least one of the spouses or by their attorney. It presents, in very general terms, what the filing party is asking the Court to do. 

There are two types of Divorce proceedings: a Contested Divorce or an Uncontested Divorce. Understanding which type of divorce you will be requesting will help you access the correct forms and know what the divorce process will be for your specific situation. 

Contested Divorce

A contested divorce is what pops into most people’s minds when they envision a divorce process. It is more commonly filed than an uncontested divorce. A contested divorce earns its name because at the time of the filing of the Complaint (the forms filed with the Court) the spouses have not worked out an Agreement relative to the dissolution of their marriage (e.g. how money is divided, child custody etc). Onespouse fills out and submits the paperwork asking for what the Court may refer to as the “relief sought”, or what the spouse filing hopes to see happen.

Just because a divorce is filed as “contested” does not mean the couple filing will never reach a divorce agreement. In fact, very often contested divorces do end in an agreement. But it means that details of the divorce will have to be worked out, and assigns the case to a Judge and specific course track. 

A contested divorce is generally a longer process than an uncontested divorce and can also be more expensive, particularly if there are legal fees or other experts you would need the Court to hear from in your case.

Uncontested Divorce

An uncontested divorce is when the parties filing have a full Agreement on all the issues that need to be addressed with the Court at the time that the papers are turned in to the Court. This is often the fastest type of divorce.

Saying that the divorce is uncontested does not mean that the couple seeking the divorce are still the best of friends, but it does mean that they have been able to work together (often with assistance of attorneys and/or a mediator), to exchange the necessary financial information and work out a full Divorce Agreement. In an uncontested divorce, typically, the signed Divorce Agreement is filed with the other forms at the same time, and the couple will generally only need to appear in Court one time for a short hearing to have the Agreement approved by a Judge or other Court official.

Regardless of which forms you file, once you file for divorce with the Court, the Petition generally becomes public record in most states even if at some point the Petition is dropped. Unless you are Kim K or Bill Gates we doubt this will be reported about on Page Six, but it is good to know if someone wanted to find out this information this is most often when it would become public. 

Once you have filed for divorce you have made one of the first official legal steps towards the dissolution of your marriage, and therefore towards your new life and new normal. Although many steps in the divorce process may seem daunting, overwhelming, and emotional, take a moment to acknowledge the completion of this step. You may have any number of feelings ranging from relief to despair, but once you have filed this large step is behind you and you can begin to take the next steps in your divorce and in your life.