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Politics and Legal

How to Go about Mutual Divorce with a Divorce Attorney?

Divorce in the US can be a confusing mess of procedures, rules, forms, and legalese, whether consented or non consented. Because the procedure is so complicated, it is easy to get lost in the twists and turns of this seemingly endless process. Knowing where you will obtain your peace of mind can turn into chaos if you aren’t aware of what constitutes the procedure. 

Yes, hiring a divorce attorney can ease the process, or to be specific, can reduce the chaos; obtaining knowledge about the same is better. So to help you complete the divorce process, we have jotted down basic steps to the mutual divorce process.

  • Completion of the Paperwork

To begin with, you would be required to fill a lot of forms and file the same with the county’s clerk’s office. You can file the same in any of the county offices where both the spouses reside. Also, before going through the process, make sure you check the county’s website for in-depth details of the forms. 

  • File the Forms and Pay Off the Filing Fee

After completing the forms, you will have to submit the same in the county clerk’s office with two copies. Wherein they will take one will the other one should be preserved by you. After which you would have to pay the requisite form prices. 

States even facilitate an In Forma Pauperis petition where if your income is below the prescribed income bracket, you are exempted from paying the divorce filing fee. 

  • Attend the Parenting Class (if you have a kid)

If you and your spouse have a minor child together, the court may ask you to appear for the parenting class. The class requirement may vary from state to state. Hence make sure to check through the court clerk or ask your divorce attorney to fill in the requirements with ease. 

  • Serve Your Spouse and File the Same

After filing for divorce, it is time to serve your spouse with the papers within the next 30 days. And after your spouse signs the Acceptance of Service form, you will have to file a copy of the same along with a Verification form with the clerk. 

  • Consents and Other Documentation


90 days after filing for the divorce may sign the Affidavit of Consent stating that you and your spouse agree to the divorce. After which, you need to mail the same along with a Waiver of Notice to your spouse to gain their signature. And after your spouse returns the same, you’ll need to take both copies to the clerk of court. 

After doing so, you will need to file a Praecipe to Transmit Record, a Final Decree of Divorce, along with other forms as per your county requirement. You will also have to pay a fee to file the Praecipe unless the same was waved off earlier in the process. 

  • Finalize the Divorce

Once you submit the documents and payment of the fees, the clerk will forward your case to the judge for review. And once he signs the final decree of divorce, the clerk will send the same to you and your spouse, after which your divorce will be official.


No matter what procedures you choose for your divorce, knowing about the same is important to avoid unnecessary chaos. Moreover, hiring a divorce attorney can ease the process, saving time at the same time.

Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics. 

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