How to File for Divorce Jointly

By Beverly Bird

Not all states allow you and your spouse to file jointly for divorce, but if yours does, it can streamline the process significantly. You're not adversaries, as you would be with a traditional divorce filing, so you can work together more easily to end your marriage.

Not all states allow you and your spouse to file jointly for divorce, but if yours does, it can streamline the process significantly. You're not adversaries, as you would be with a traditional divorce filing, so you can work together more easily to end your marriage.

The Petition

If you and your spouse file a joint petition, you're asking the court for the same thing -- you both want a divorce. You would typically do so on no-fault grounds, agreeing that no one is to blame. Depending on your state, you may have to file additional documents. For example, Massachusetts requires that each of you file financial statements, telling the court about your assets, debts, budget and income. If you have children, you may have to file child support worksheets and a parenting plan.

Divorce is never easy, but we can help. Learn More

The Marital Settlement Agreement

Typically, you and your spouse cannot file jointly unless you've reached an agreement resolving all aspects of your divorce, including custody, child support, alimony, and property and debt division. For example, both Ohio and Massachusetts require that you attach a copy of your agreement to your joint petition, letting the court know that your filing for divorce is uncontested. When you submit your signed agreement, you can usually finalize the divorce within a short period of time, as soon as the court reviews and approves it.

Divorce is never easy, but we can help. Learn More
Can You Write Your Own Divorce and Just Have It Notorized in the State of Pennsylvania?

References

Related articles

What Happens Next When a Divorce Agreement Is Agreed to in Voluntary Mediation?

If you and your spouse attend mediation as part of your divorce, you have the opportunity to reach agreement about your divorce's terms. This can allow you to shorten the divorce process and lessen the expense of getting divorced. However, mediators cannot grant divorces so you must follow up your mediation with some court paperwork.

How to Apply for Simple Divorce

Divorce laws vary significantly between states, but some states offer a simple divorce that streamlines the process if the spouses meet certain criteria. The process goes by different names in different states and varies somewhat, but there are some similarities between states. You don’t have to “apply” for a simple divorce, but you must file the appropriate paperwork to begin your divorce.

Do You Have to Wait 6 Months Before You Can File for a Divorce in Illinois?

In some states, grounds for divorce are pretty straightforward – you have irreconcilable differences, and that's that. Illinois recognizes irreconcilable differences as a ground, but that's where the simplicity ends. A six-month rule applies in this state, although there's no waiting period if you file on fault grounds.

Get Divorced Online

Related articles

North Carolina Law for Marriage Separation

Divorcing in North Carolina can be very easy or very confusing, but the confusion arises mostly if you try to compare ...

How Long to Get a Divorce in Illinois?

Although Illinois technically has a 90-day waiting period for divorce, this is deceptive. The three-month period ...

New Hampshire Uncontested Divorce Requirements

An uncontested divorce is exactly what it sounds like: neither spouse is objecting to the dissolution of the marriage. ...

Procedures for a Legal Separation & Divorce in Illinois

Illinois law recognizes legal separation, although not all states do. Legal separations are somewhat rare in the state, ...

Browse by category