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How is a divorce started?

Please see specific state for details and/or differences.

ALABAMA
An action for divorce is commenced by either party filing a Complaint for divorce in the circuit court in the county in which the Defendant resides or the circuit court of the county where the parties resided when the separation occurred. If the Defendant is a non-resident, then the Complaint is filed in the circuit court of the county in which the Plaintiff resides. Rule 3, Alabama Rules of Court, and Alabama Code 30-2-4.

ALASKA
An action for dissolution of marriage is commenced by the filing of a Petition for Dissolution in the Superior Court. The Petitioner must also file a Case Description form with the Clerk of Court. Upon the filing of a Petition, the Clerk of Court issues a Summons which is considered notice to the Respondent that an action is being commenced and an Answer must be served and filed to the Petition. The Summons and Petition must be served personally on the Respondent. Service may also be made by registered or certified mail. Rule 90.1, Alaska Rules of Court.

ARIZONA
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse filing a Petition for Dissolution with the Clerk of Superior Court. The clerk then issues a Summons which has been prepared by the Petitioner. The Summons and Petition must be personally served on the Respondent. The Summons and Petition must be served on the Respondent within 120 days after filing of the Petition, or the action will be dismissed by the court. Rule 4, Arizona Rules of Civil Procedure.

ARKANSAS
An action for divorce can be started by either spouse and is commenced by one spouse filing a complaint for divorce with the Clerk of Chancery Court. The action is commenced in the county where the Plaintiff resides. If the Plaintiff is not a resident of Arkansas, the action can be commenced in the county where the Defendant resides. The clerk issues a Summons directing the defendant to answer the complaint. The summons and complaint must then be personally served on the Defendant. Rule 3, Arkansas Rules of Civil Procedure, and Ark. stat. Ann. 9-12-303.

CALIFORNIA
In California, an action for dissolution of marriage is commenced by a party filing a Petition for Dissolution in the Superior Court. A copy of the Petition together with a copy of the Summons issued by the court, in forms and content approved by the Judicial Counsel, shall then be served upon the Respondent in the same manner as service of papers in any other civil action. Cal. Fam. Code §2331 and Family Law Rule 1222.

COLORADO
Either or both parties to the marriage may initiate an action for dissolution of marriage which is commenced upon filing of the Petition for Dissolution. The Petitioner must also complete and file a Colorado form called the Informational Data Report. A Child Custody Affidavit must be attached to the Petition when it is filed, or the required information about the children must be included in the Petition. A Summons is then prepared, and both the Summons and Petition must be served on the Respondent. CRSA §14-10-107 and 14-13-110.

CONNECTICUT
An action for dissolution of marriage may be started by either spouse and is commenced by the service and filing of a Complaint in the Superior Court for the Judicial District in which one of the parties resides. C.G.S.A §46b-45.

DELAWARE
A divorce action in Delaware is commenced by either party filing a Petition for Divorce with the Clerk of Family Court. The Petition shall be filed in the county where either party resides. After the Petition for Divorce is filed, the clerk issues a Summons which, together with the Petition, must be served on the Defendant within 20 days after filing. 13 DCA §1507 and Rule 3, Family Court Civil Rules.

FLORIDA
An action for dissolution of marriage is commenced by one spouse filing a Petition for Dissolution with the Clerk of Court. A copy of the Petition and a Summons issued by the clerk must then be personally served on the Respondent. FSA §61.043.

GEORGIA
An action for divorce may be started by either spouse and is commenced by one spouse filing a Petition for Divorce with the Clerk of Superior Court. The clerk issues a Summons. The Summons and Petition must then be served personally on the respondent. GC §9-11-3 and 9-11-4.

HAWAII
An action for divorce is commenced by one spouse filing a Complaint with the Clerk of Family Court. The clerk then issues a Summons. The Summons and Complaint are then served personally on the Defendant. The Complaint should be filed with the Family Court of the Circuit in which the Plaintiff has been domiciled or has been physically present for at least three months before filing the complaint. HRS §580-1 and 580-2.

IDAHO
An action for divorce may be started by either spouse and is commenced by one spouse filing a Complaint for Divorce with the Clerk of District Court. The clerk issues a Summons and the Summons and Complaint must be personally served on Defendant within six months after filing, or the action is dismissed. Rule 3(a) and Rule 4(a), Idaho Rules of Civil Procedure.

ILLINOIS
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse filing a Petition with the Clerk of Court. The clerk then issues a Summons which together with the Petition are personally served on the Respondent. Another way of commencing the action would be for the Petitioner to file a request for a Summons with the Clerk of Court and pay the court filing fees, in which case a Petition must then be filed within six months or the action is dismissed. 750 ILCS 5/411.

INDIANA
Either party commences an action for dissolution of marriage by filing a Petition for Dissolution with the Clerk of the Circuit and Superior Courts. The clerk then issues a Summons. The Summons and Petition must then be personally served on the Respondent. The action is started in the county where either party has been a resident for at least three months prior to filing of the Petition. AIC §31-1-11.5-4 and 11.5-6.

IOWA
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse, called the Petitioner, filing a Petition with the court. The Petitioner must also file a form called an Original Notice which is a written notice to the Respondent that the action has been commenced by filing a Petition with the court. The Petitioner must also deliver to the Clerk of Court written directions for serving the original Notice and a copy of the Petition on the Respondent. The legal action may be commenced in any county where either spouse resides. ICA Section 598.2; Rules 48 and 49, Iowa Rules of Civil Procedure.

KANSAS
An action for divorce is commenced by one spouse filing a Petition for Divorce with the Clerk of District Court. The clerk then issues a Summons. The Summons and Petition must be served on the Respondent within 90 days after the Petition was filed. KSA §60-203.
The divorce action may be commenced in the county which either party resides at the time of filing the Petition. KSA §60-607.

KENTUCKY
An action for dissolution of marriage is commenced by one spouse filing a Petition for Dissolution of Marriage with the Clerk of Circuit Court. The clerk issues a Summons. The Summons and Petition must be served on the Respondent. Service is generally by personal service. However, service can be made by certified or registered mail. If the Petitioner requests, the clerk will address an envelope to the Respondent at the address provided by Petitioner and mail the Summons and Petition by certified or registered mail. Service by registered or certified mail is complete only upon delivery of the envelope. The return receipt, returned to the clerk, shall be proof of the manner of service. Rules 3 and 4, Kentucky Rules of Civil Procedure.

LOUISIANA
An action for divorce is commenced when one party files a Petition for Divorce with the Clerk of District Court, Family Law Section, in the parish where either party is domiciled, or in the parish where the parties last lived together as husband and wife. CCP Art. 3941.

MAINE
An action for divorce may be started by either spouse and is commenced by either 1) filing a Complaint for divorce with the Clerk of Superior Court or Clerk of District Court; or 2) serving the Defendant with a Summons and Complaint for divorce. If the divorce action is started by filing a Complaint with the court, then the Summons and Complaint must be served on the Defendant within 90 days after filing, or the action may be dismissed and attorney fees awarded to the Defendant. If the action is commenced by serving the Summons and Complaint on Defendant, then the Complaint must be filed within 20 days after service. The action may be commenced in a county where either spouse resides. Rule 3, Maine Rules of Civil Procedure, and 19 MRSA §691.

MARYLAND
An action for divorce may be started by either spouse and is commenced by one spouse filing a Complaint, also called a Bill for Divorce, with the Clerk of Circuit Court in the county where either party resides, or where the Defendant is regularly employed or has a place of business. Rule 2-101 and Rule S70, Maryland Rules.

MASSACHUSETTS
An action for divorce may be started by either spouse and is commenced by filling a Complaint for divorce with the Clerk of Probate Court in the county where one of the parties resides. An action for divorce may also be commenced by mailing a Complaint for Divorce and the appropriate filing fee to the Clerk of Probate Court by certified or registered mail. Upon filing of the Complaint, the clerk issues a Summons. The Summons and Complaint are then personally served on the Defendant. ALM 208 §6 and Rule 3, Massachusetts Rules of Civil Procedure.

MICHIGAN
An action for divorce may be started by either spouse. The action is commenced by one spouse filing a Complaint for divorce with the Clerk of Circuit Court. Either party must have resided in the county in which the Complaint is filed for at least ten days immediately preceding the filing of the Complaint. The court issues a Summons. The Summons and Complaint must then be personally served on the Defendant. MCLA §552.9 and Rule 2.101, Michigan Court Rules.

MINNESOTA
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse personally serving a Summons and Petition on the other spouse. The legal action is venued in a county where either spouse resides. Minn. Stat. §518.09.

MISSISSIPPI
An action for divorce is commenced by one party filing a Complaint for Divorce with the Clerk of Chancery Court. The clerk issues a Summons and delivers it to the Sheriff for service, or delivers it to the Plaintiff’s attorney for service. The Defendant must then be served with a copy of the Summons and Complaint for Divorce. All Complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the Plaintiff resides, if the Defendant is a non-resident of Mississippi. If the Defendant is a resident of the state, the Complaint should be filed in the county in which the Defendant resides, or in the county of the residence of the parties at the time of separation if the Plaintiff is still a resident of that county at the time of filing the Complaint. A Complaint for Divorce based solely on the grounds of irreconcilable differences shall be filed in the county where either party resides. MC 93-5-11.

MISSOURI
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse filing a Petition for Dissolution of Marriage with the Clerk of Circuit Court of the county where the Petitioner resides. The Petitioner delivers a Summons to the clerk at the same time the Petition is filed. The clerk signs the Summons and the Summons and Petition are then served personally on the Respondent. The dissolution action may be transferred to the county where the Respondent resides. VAMS §452.300 and VAMR 53.01.

MONTANA
A dissolution of marriage action is commenced by filing a petition with the Clerk of District Court. The petitioner also presents the clerk with a summons in the required form. The clerk signs the summons. The Petition and Summons must be personally served on the respondent. Rule 3, Montana Rules of Civil Procedures; MCA 40-4-103.

NEBRASKA
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse’s filing a Petition for Dissolution with the Clerk of District Court. The clerk then issues a Summons. The Summons and Petition must be served personally on the Defendant within six months after filing a petition, or the action is dismissed. The action may be commenced in the county in which either party resides. Reissued Revised Statutes 42-348, 42-352, Rule 25-501, Nebraska Rules of Civil Procedure.

NEVADA
An action for divorce may be started by either spouse and is commenced by one spouse filing a Complaint with the Clerk of District Court. Upon the filing of the Complaint, the clerk shall issue a Summons and deliver it to the Plaintiff, or Plaintiff’s attorney, who shall be responsible for service of the Summons and Complaint on the Defendant. If the Defendant is not served with the Summons and Complaint within 120 days after the filing of the Complaint, the action shall be dismissed, unless Plaintiff can show good cause for failure to serve Defendant within the normal time limit. The Complaint shall be filed in the District Court in the county where either party resides, in the county in which the cause of action accrued, or the county in which the parties last cohabited. Rules 3 and 4, Nevada Rules of Civil Procedure; NRS 125.020.

NEW HAMPSHIRE
An action for a divorce may be started by either spouse by filing a Libel for Divorce with the Clerk of Superior Court in the county where either party resides. (A Libel is the first document filed by a Plaintiff to initiate a lawsuit. The document is called a Complaint or Petition in other states.) RSA 458:9.
No civil action may be commenced until the Plaintiff prepares and files the Writ for Summons and pays the appropriate filing fee to the clerk of Superior Court. Writs will not be accepted for filing by the clerk unless the Plaintiff’s mailing address and actual street address is stated on the Writ. The Plaintiff shall also arrange for the clerk to prepare an appearance card which must contain the mailing address and actual street address of the Plaintiff and Defendant. Any subsequent changes in the mailing address or actual street address shall be filed with the clerk. RSA 509:2; and Rules 1-9, New Hampshire Superior Court Rules.

NEW JERSEY
In New Jersey, a divorce case is commenced by either party filing a Complaint for Divorce with the Clerk of Superior Court, Chancery Division - Family Part. The Complaint should be filed in the county in which the Plaintiff was domiciled when the cause of action arose, or in the county of Defendant’s domicile if Plaintiff is not domiciled within the state of New Jersey. If neither party was domiciled in New Jersey when the cause of action arose, then the Complaint should be filed in the county in which the Plaintiff is domiciled at the time of filing the Complaint. When the Plaintiff files the Complaint, the Plaintiff also presents a Summons to the clerk. The clerk signs and issues the Summons. The Summons and Complaint must then be served personally on the Defendant. The Summons and Complaint could also be served on the Defendant by certified, registered, or ordinary mail, but the court has jurisdiction over the Defendant only if the Defendant actually answers the Complaint served by mail. If the Defendant does not answer within 60 days after mailed service, then Plaintiff must serve by other means or ask the court for permission to serve the Summons and Complaint by publication. Rules 4:2-2, 4:4-4(c), and 5:7-1, New Jersey Rules of Court.

NEW MEXICO
An action for dissolution of marriage is commenced by either party filing a Petition for Dissolution with the Clerk of District Court in the county where either party resides. Upon the filing of the Petition, the clerk shall issue a Summons. The Summons and Petition are then served personally on the Respondent. The Summons and Petition can also be served by mailing a copy of the Summons and Petition by first class mail to the Respondent, together with two copies of a notice and acknowledgment of receipt of the Summons and Petition. Rules 1-003 and 1-004, New Mexico Rules of Civil Procedure for the District Courts; §40-4-4 NMSA.

NEW YORK
Prior to 1992, a divorce action in New York was commenced by service of a Summons and Complaint for divorce. However, commencing in 1992, the New York legislature has changed the law. A divorce case is commenced by filing with the Supreme Court a summons and complaint for divorce or a summons containing notice that an action for divorce is being commenced. The Summons and Complaint, or the Summons including notice of the action, must be filed with the Clerk of Supreme Court, the plaintiff must pay the filing fee, and the clerk then assigns a file number to the new case. The summons may not be served on the defendant until the summons has been filed. The summons and complaint must then be personally served on the defendant. The summons and complaint can served by mail, with the defendant completing a form acknowledging having received the summons and compliant by mail. Proof of service of the summons and complaint must be filed within 120 days of the filing of the summons, or the case will be dismissed. Domestic Relations Law § 211 and 232; C.P.L.R. § 306 - b and 312 - a.

NORTH CAROLINA
Either party may commence an action for divorce by filing a Complaint for Divorce with the clerk of court in the county in which either the Plaintiff or Defendant resides. Upon filing of a Complaint for Divorce, the clerk shall within five days issue a Summons. The Summons and Complaint must then be personally served on the Defendant within 30 days after the Summons was issued. After the Summons has been served, it shall be filed immediately with the clerk who issued the Summons. Rules 3 and 4, North Carolina Rules of Civil Procedure; GS §50-3.

NORTH DAKOTA
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse personally serving a Summons and Complaint on the other spouse. The legal action is venued in the county in which the Defendant resides at the time of commencement of the action. NDCC §14-05-01, 14-05-02, and 28-04-05.

OHIO
A divorce is commenced by filing a Complaint for divorce with the Court of Common Pleas in the county where the Plaintiff has been a resident for at least 90 days before filing. The clerk then issues a Summons. The Summons and Complaint for divorce must be served on the Defendant within six months after filing, or the Complaint is dismissed unless the Plaintiff shows good cause for the delay. The Summons and Complaint can be served by certified mail, issued by the Clerk of Court, or can be served by personal service on the Defendant. Rules 3, 4, and 4.1, Ohio Rules of Civil Procedure.

OKLAHOMA
Either spouse may commence a divorce action by filing a Petition for Divorce with the Clerk of District Court in the county in which the Plaintiff has been a resident for at least 30 days immediately preceding filing of the Petition or in the county in which the Defendant is a resident. The clerk issues a Summons. The Summons and Petition for Divorce must then be served personally on the Defendant. If the Summons and Petition are not served on the Defendant within 90 days after filing of the Petition, the court may dismiss the action without notice to the Plaintiff. Rules 2 and 9, Rules for District Courts of Oklahoma; 43 Okl.St.Ann. §103.

OREGON
An action for dissolution of marriage is commenced by one party filing a Petition for Dissolution with the clerk of Circuit Court in the County where either party resides. The Petitioner then issues a Summons and the Summons and Petition must be personally served on the Respondent.
Rules 3 and 7, Oregon Rules of Civil Procedure, and Uniform Trial Court Rules 8.010.

PENNSYLVANIA
An action for divorce in Pennsylvania is commenced by either spouse filing a complaint for divorce with the Prothonotary (the chief clerk of court) the action must be commenced only in the county in which either the plaintiff of defendant resides. However, the action may also be commenced in the county in which the parties have agreed, in a writing attached to the complaint, or agreed by participating in the proceeding. However, if neither the plaintiff nor defendant has resided in the county at any time while the action is pending, the court may, upon its own motion and for its own convenience, transfer the action to the appropriate court of any other county where the action originally could have been brought. After the complaint has been filed, the clerk issues a writ of summons. The writ and complaint must then be served on the defendant. Service may be accomplished by the sheriff or any adult who is not a party to the action delivering copies personally to the defendant. Service may also be made by mailing the papers to the defendant’s last known address, by both regular and certified mail. If the certified mail is refused by defendant, but the regular mail is not returned within 15 days, service may be redeemed complete. If the mail is returned with notation by the postal authorities that it was unclaimed, service shall be made by other means, pursuant to the rules of procedure. In place of personal or mailed service, the defendant may accept service by filing a written Acceptance of Service form. The complaint must be served within thirty days of the filing of the complaint or the action will be dismissed, unless plaintiff requests reinstatement of the complaint in order to make proper service. Rules 1920.2 - 1920.4, and 1930.4, Pennsylvania Rules of Civil Procedure.

RHODE ISLAND
An action for divorce may be started by either spouse and is commenced by one spouse filing a Complaint for Divorce with the Clerk of Family Court. The Complaint is filed in the county where the Plaintiff resides, unless the Complaint is based on the residence of the Defendant, in which case the Complaint should be filed in Providence County or in the county where the Defendant resides. After the Complaint is filed, the clerk issues a Summons. The Summons and Complaint must then be served personally on the Defendant. Rules 3 and 4, Rules of Procedure for the Family Court of Rhode Island; GLRI 15-5-13.

SOUTH CAROLINA
An action for divorce is commenced in South Carolina by either spouse filing and serving a Summons and Complaint for Divorce. The Plaintiff first files the divorce Complaint with the Clerk of Family Court. The Plaintiff’s attorney then issues a Summons. The Summons and the Complaint must be served together on the Defendant. Service must be made within a reasonable time after filing of the Complaint. Actions for divorce may be commenced in the county a) in which the Defendant resides at the time of the commencement of the action; b) in which the Plaintiff resides, if the Defendant is a non-resident or after due diligence cannot be found; or c) in which the parties last resided together as husband and wife, unless the Plaintiff is a non-resident, in which case it must be brought in the county in which the Defendant resides. Rules 3 and 4, South Carolina Rules of Civil Procedure; 1976 Code §20-3-60.

SOUTH DAKOTA
An action for divorce may be commenced in the county of residence of either party, subject to the right of the Defendant to have the place of trial changed to the county where the Defendant resides. A divorce action is commenced when the Summons and Complaint is served on the other spouse. S.D.C.L. 25-4-30.1 and 15-2-30.

TENNESSEE
An action for divorce may be started by either spouse and is commenced by filing a Petition for Divorce with the Clerk of Chancery or Circuit Court. The Petition is filed with the clerk of court in the county where the parties reside at the time of their separation, or in the county in which the Defendant resides. However, if the Defendant is not a resident of Tennessee, then the Petition may be filed in the county where the Plaintiff resides. Upon the filing of the Petition for Divorce, the clerk of court issues a Summons. The Plaintiff’s attorney arranges for service of the Summons and Petition on the Defendant. Rules 3 and 4.01, Tennessee Rules of Civil Procedure; and TCA §36-4-105.

TEXAS
Either party may commence a divorce action by filing a Petition for Divorce with the Clerk of District Court in the county where either party has resided for the preceding 90 days. Upon the filing of the Petition, the clerk shall issue a Citation (the form which notifies the other party that the suit has been commenced, known as a Summons in most other states). The party requesting the Citation be issued is responsible for serving the Citation and a copy of the Petition on Respondent. Rules 22 and 99, Texas Rules of Civil Procedure; and V.T.C.A., Family Code §3.21.

UTAH
A divorce action is commenced by filing a Complaint with the court, or by personal service of a Summons and Complaint on the Defendant. If the action is commenced by the service of a Summons and Complaint, then the Summons and Complaint, together with proof of service, must be filed with the court within ten days after service. If the Summons and Complaint and proof of service are not filed within ten day s of service, the action shall be dismissed. Rule 3, Utah Rules of Civil Procedure.

VERMONT
An action for divorce is commenced in Vermont by either party filing a Complaint for Divorce with the Clerk of Superior Court in the county in which either party resides. The Plaintiff’s attorney prepares the Summons. The Summons and Complaint must then be personally served on the Defendant, or can be mailed by first class regular mail to the Defendant. 15 VSA Section 593; and Rules 3 and 4, Vermont Rules of Civil Procedure; and Rule 4, Vermont Rules of Family Court.

VIRGINIA
Either party may commence an action for divorce in Virginia by filing a Bill of Complaint for Divorce with the Clerk of Circuit Court. The clerk issues a “Subpoena in Chancery,” which is similar to a Summons which is used in other states. The Subpoena in Chancery is notice to the Defendant that the suit has been commenced, and the Defendant must answer the Complaint or be in default. The Bill of Complaint and the Subpoena in Chancery must be personally served on the Defendant. Rules 2.2-2.5, Rules of Supreme Court of Virginia.
Either party commences the action by filing the Bill of Complaint in the county where the parties last cohabited, or, at the option of Plaintiff, where the Defendant resides, or, if Defendant resides outside of the state, in the county where Plaintiff resides. CV §8.01-316.

WASHINGTON
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse filing a Petition for Dissolution with the Clerk of Superior Court. The Petitioner shall also complete and file with the Petition an informational form provided by the Department of Health as required by RCW 70.58.200. The Clerk of Superior Court issues a Summons which gives notice to the Respondent that an action for dissolution is being commenced and that the Respondent must file his response within a designated number of days or the Petitioner can obtain a default. The Summons and Petition must be personally served on the Respondent. The Petition should be filed in the Superior Court of the County where the Petitioner resides. RCW §26.09.010 and Washington Rules of Civil Procedure.

WEST VIRGINIA
An action for divorce is commenced by one spouse filing a Complaint for divorce with the Clerk of Circuit Court. The clerk issues the Summons. The Summons and Complaint must then be served personally on the Defendant. At the time of filing the Complaint, the Plaintiff must also file three copies of the Civil Case Information Statement in the form required by the West Virginia Rules of Civil Procedure. The Statement form is available from the clerk of Circuit Court. Also, every divorce Complaint which involves child support, child custody, visitation, or spousal support shall also be accompanied by an Application for services pursuant to Title IV-D of the Social Security Act. The divorce Complaint shall be filed in the county in which the parties last cohabited or the county in which the Defendant resides. However, if the Defendant is not a resident of West Virginia, the Complaint shall be filed either in the county in which Plaintiff resides or in the county in which the parties last cohabited. Rule 3, West Virginia Rules of Civil Procedure; Rule 8, Rules of Practice for Family Law; and WV Code §48-2-8.

WISCONSIN
An action for dissolution of marriage may be started by either spouse and is commenced by one spouse personally serving a Summons and Petition on the other spouse. The legal action is venued in a county where either spouse resides. Wis. Stat. §767.02, 767.05, and 767.085.

WYOMING
A divorce action is started the same way as any other civil action. It is commenced by filing a Complaint with the Clerk of District Court. The clerk then issues a Summons. The Summons and the Complaint must then be served personally on the Defendant. A divorce action can be commenced in a county where either party resides. W.S. 20-2-104 and Rule 3, Wyoming Rules of Civil Procedure.

This is not a substitute for legal advice. An attorney must be consulted.