12 Steps To a Divorce
π 2026 Update: Important Changes in Divorce Law
Since the original article was published, several significant changes have occurred in divorce laws across the U.S. These updates involve child support, separation periods, and the filing process. The earlier article continues to offer helpful steps and guidance for navigating divorce.
π½ New Yorkβs Updated Income Caps
As of March 1, 2026, New York State increased its income caps under two important acts. The combined income cap for child support rose from $183,000 to $193,000. Additionally, the income cap for maintenance payors increased from $228,000 to $241,000.
These changes are based on the Consumer Price Index, reflecting the rising cost of living.
ποΈ Changes in D.C. Divorce Filing
Starting January 2024, the District of Columbia removed the separation period requirement for divorce. This allows either spouse to file for divorce simply by stating their intention to end the marriage. This change can make the process quicker and less complicated for couples.
π΄ Floridaβs Abolished Defenses to Divorce
In Florida, as of 2026, several defenses previously used in divorce cases have been abolished. This includes condonation, collusion, recrimination, and laches. These changes may simplify the divorce process, focusing more on the facts of each case.
π Californiaβs New Filing Procedures
Effective January 1, 2026, California introduced Senate Bill No. 1427. This law allows couples to file a joint petition for divorce or legal separation.
Both parties are deemed to have appeared in the matter upon filing. This can create a more cooperative approach to ending a marriage.
π Updated Forms and Guidelines in California
California also revised several forms and guidelines for divorce cases that took effect on December 24, 2024. These updates include changes to the Uncontested Divorce Packet and the addition of a joint divorce form. These revisions aim to streamline the process and reflect new legal requirements.
π Key Points Summarized
- π½ New York raised income caps for child support and maintenance.
- ποΈ D.C. eliminated the separation period for filing divorce.
- π΄ Florida abolished defenses to divorce.
- π California allows joint petitions for divorce.
- π California updated divorce forms and guidelines.
π‘ Tips for Navigating Divorce
Review your specific situation with an attorney to understand your options.
π Understand Child Support Guidelines
Stay informed about the updated income caps in your state. For instance, New York's combined income cap is now $193,000. Knowing these figures can help you better assess your financial responsibilities.
π Know Your State's Filing Requirements
Each state has unique requirements for filing for divorce. In D.C., for example, there is no longer a separation period needed. Understanding these rules can help you avoid delays in your case.
π Consider Joint Petitions
If you are in California, think about filing a joint petition for divorce. This approach can promote cooperation between both parties and may lead to a smoother process overall.
π Review Updated Forms
Be aware of any new forms or guidelines in your state. California has made significant updates to its divorce forms to simplify the process. Make sure you use the correct forms to avoid complications.
βοΈ Stay Updated on Legal Changes
Divorce laws can change frequently. Keeping up with the latest updates in your state can help you navigate your divorce more effectively and avoid surprises.
π£οΈ Communicate Openly with Your Spouse
If possible, maintain open lines of communication with your spouse. This can make negotiations regarding child custody and support smoother, reducing conflict during the divorce process.
π Free Options Ranked by User Reviews (2026)
There are no national paid services that met the review threshold for divorce assistance. Instead, this section highlights free government and nonprofit resources available to help individuals navigating divorce.
π₯ 1. New York State Unified Court System
The New York State Unified Court System provides resources for individuals facing divorce. Their website offers information on forms, procedures, and self-help guides. It is particularly useful for those who may not be able to afford legal representation.
π₯ 2. D.C. Bar Pro Bono Program
The D.C. Bar Pro Bono Program assists low-income individuals with legal issues, including divorce. They connect people with volunteer attorneys who can provide free legal advice and representation in family law matters.
π₯ 3. Florida Legal Services
Florida Legal Services offers support to those in need of legal assistance with divorce and family law. They focus on helping low-income residents navigate the legal system and understand their rights.
4οΈβ£ California Courts Self-Help Center
The California Courts Self-Help Center provides a wealth of information for individuals going through divorce. It offers resources on completing forms, understanding legal terms, and finding local support services.
5οΈβ£ National Domestic Violence Hotline
While not exclusively for divorce, the National Domestic Violence Hotline offers crucial support for individuals in abusive relationships. They provide resources and information on how to safely leave an abusive situation, including legal options.
π Considerations Before Paying for Help
- π§ Check reviews and ratings of any service.
- π Ensure the service is reputable and recognized.
- π° Confirm pricing and understand what services are included.
- π Ask about the qualifications of those providing assistance.
- π Verify if they offer free consultations to assess your needs.
β Frequently Asked Questions
β What is the process for filing for divorce in D.C. now?
In D.C., you can file for divorce without a separation period. You simply state your intention to end the marriage.
π How has child support changed in New York in 2026?
New York raised its combined income cap for child support from $183,000 to $193,000 as of March 1, 2026.
π Are there any new forms for divorces in California?
Yes, California updated several divorce forms effective December 24, 2024. These revisions are designed to simplify the filing process.
β οΈ What defenses to divorce are no longer available in Florida?
Florida has abolished defenses such as condonation, collusion, recrimination, and laches as of 2026, streamlining the divorce process.
π« Can couples file for divorce together in California?
Yes, as of January 1, 2026, California allows couples to file a joint petition for divorce or legal separation, promoting collaboration.
π How can I stay informed about changes in divorce laws?
Monitoring state government websites and legal aid resources can help you stay updated on any changes in divorce laws in your area.
βοΈ Recent Cases Related to Divorce
Recent court rulings have highlighted changes in divorce law and procedures across various states. These rulings connect to the current topics of child support, filing processes, and the legal rights of parties involved.
- Court affirms order for discovery in Stapp divorce caseSuperior Court of Pennsylvania Β· June 4, 2026
- Delaware court rules on spousal privilege in business caseCourt of Chancery of Delaware Β· June 15, 2026
- Hawaii Supreme Court accepts case on child support agencyHawaii Supreme Court Β· June 15, 2026
- Court affirms custody rights for non-biological parent in PASuperior Court of Pennsylvania Β· June 18, 2026
You can browse more rulings in the news section.
End of October 2026 Update
Getting a divorce can be confusing and a bit challenging; however with the help of a lawyer and a clear understanding of the 12 divorce steps, a divorce can be obtained in a quick and efficient manner.
1. Separation
After a couple has decided that they can no longer stay married, they will undergo a separation. Often a separation involves an individual moving out of the home, or living in a separate room in the house.
The date of the separation is an important date to keep track of, so make sure the date is properly documented.
2. File Dissolution Petition
A petition for dissolution must be filed with the court. This petition is known as legal form FL-100, and can be filed with local family court; you must file the petition with a family court in your jurisdiction. The filing fee for this form is around $350. After this is filed, a summons must be issued by the court. This will appear as legal form FL-110.
3. Service of Papers
This is the process in the divorce steps that delivers the papers to the other individual involved in the divorce. The papers being delivered are the summons from the court approving the petition.
These papers can be delivered by any sound adult other than the individual whom filed for divorce. Generally a lawyer completes this step, but it can be completed by a friend or a family member.
The individual servicing the papers must have filed a FL-115 form, which is a proof of service form. Upon receiving the papers, the individual will then fill out a FL-117 form, which is the notice and acknowledgment of receipt.
This form ensures that the individual received the summons. The FL-117 will then be mailed to the individual who petitioned for the divorce or their lawyer.
4. Response or Default
The served individual has 30 days to file their response with the court. The response is filed by using the FL-120 form. The response filing fee is around $350, and is to be mailed to the individual who petitioned for the court as well as submitted to the court.
If both parties of the divorce are in agreement, they may choose to file for a default, which is legal form FL-165.
5. Preliminary Disclosures
Both parties must complete this section of the divorce steps in a timely manner. Each party will be asked to uncover information about their assets and debts. The forms to be filed are FL-142 and FL-140.
6. Income and Expense Declaration
This is more or less a snap shot of the each parties income over the last 12 months. This will be filed on the FL-150 form.
7. Co-parent classes
This step is only necessary if there are children involved; in the case that there are children involved, parents will have to attend a three hour class about parenting.
8. Status Conference
Status conferences are scheduled by the court and will occur every four months to ensure that the case is progressing.
9. Motion and Orders to Show Cause
Motions and orders must be sent to discuss money and custody issues. It is beneficial to include supporting declarations on these topics when filing for motions and orders. The forms to be filed for this divorce steps are FL-300 and FL-301.
10. Final Disclosures
If the parties of the divorce cannot agree to a settlement, a second disclosure may take place for the court to further look at the issues involving finances and custody.
11. Agreement or Marital Settlement Agreement
Written agreements will be created dividing any necessary assets and finances; both parties will be in agreement to these written stipulations.
12. Judgment
The Judge of the family court will sign a judgment form, FL-180, and a notice of entry of judgment, FL-190, will then be served to both parties. After these documents are received, the divorce is final.