State divorce laws usually determine the process that one must follow in filing for a divorce
. Legal separation in some states is not allowed. In these said states, you remain married until the court or law says otherwise. If your state allows legal separation, then your lawyer can file for one. By filing for a legal separation, you are now secured that both parties' interests are protected and that both individuals involved will surely keep their legal responsibilities to each other.
The first thing that you usually do in filing for divorce is making the petition or complaint. The plaintiff usually is the one doing this. This petition or complaint summons the defendant that he/she is being sued. Stated also in the petition is the time and place where the hearing will take place. Important information is included in the petition namely: name of husband, wife and any children that resulted during the marriage. The properties of the couple are also listed in the petition. Aside from that, child custody and child and spousal support or alimony is typically discussed as well.
The complaint will be served to the spouse, also termed as "servicing a process". Upon agreement of the spouse, he/she will only need to sign and acknowledge that he/she has already received the summons. The other spouse involved is called the defendant. The defendant can either agree or disagree with the petition. If the respondent agrees with the divorce, then there will be not court hearing. But assuming that the respondent has no response, it can now be considered as judgment by default.