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Traditionally, the only way to get a divorce was to prove that your spouse had done something that was officially recognized as a justification for divorce. In other words, your spouse had to be at fault in breaking up the marriage. The most common reasons were adultery, spouse abuse, being sentenced to prison for a felony, and insanity. This made it difficult to get a divorce, and a lot of time, effort, and money were spent proving that the other party was at fault. 

An uncontested divorce is one in which there is no opposition to what is requested in the complaint or petition, or in which both parties agree to the divorce and the terms of the settlement of all issues (property and debt division, alimony, and child custody and support). A case where there is full agreement and participation is sometimes called a consent divorce.

How to file for divorce is a process begun by filing a document with the court that is called a Complaint or a Petition, depending upon the state in which you live. Some states call the procedure a divorce, and some call it a dissolution of marriage. A copy of the Complaint is served on (or officially delivered to) your spouse, usually by the sheriff’s office or process server. This may not be necessary in some cases, where you and your spouse are in agreement. 

There are both fixed costs and variable divorce costs. The fixed costs are filing fees paid to the court, and fees paid to have legal papers served on your spouse.

There are several factors that may affect the amount of time needed to get a divorce. Some of these are legal requirements, which vary by state.

• Residency requirements.
• Separation requirements.
• Waiting periods.
• Other requirements.