You qyuestion appears to lend itself to a simple answer, but it does not. The answer varies - depending on your spouse and his/her whereabouts. The process is as follows:
The grounds can be varied - mental cruelty, dissertion, or irreconciable differences. It seems that you could assert any such grounds, but you should review with an attorney as one may be easier or better for you. This needs to be pled in the Petition that you file; and the grounds can be in the alternative.
The first step is to file a Petition in the county of the marriage, where the spouse lives, or where you live. This may also be something that an attorney can help you with. The Clerk of the Court may have pro se Petitions that you can use. Next is the service component. Your spouse may "elect" to submit to jurisdiction by filing an Appearance; you may issue a Summons to have the spouse served; if the spouses wherabouts are unknown, you will need to serve via publication. After this event, the spouse may appear and contest the dissolution, whereby you should get an attorney familiar with divorce/family court practice in your area.
If there is no such contest or the spouse does nothing, you can proceed to Judgment via Notice (or on the status date should one have been given by the Clerk). The Clerk may have "draft" Decrees that are fill-in-the-blank Judgments. These can be used in pro se matters, but, again, there may be an issue that needs to be addressed that is not in that document. Each County differs slightly in how such matters are handled, including the issueance and submission of the required Certificate of Dissolution. The Clerk may be of assistance, but that office can give no legal advice.
The prefered option is to meet with an attorney and discuss the matter. It may be easier to hire the lawyer. One can be found via the referall network maintained by the local bar association. This is a phone call; it is followed by a review of the attorneys websites to review experience, fees, consultation practice and the like. You can then set an appointment to get true legal advice that is based on your actual situation. All the questions and issues detailed above can be addressed.
Answered on Jun 07th, 2016 at 7:56 AM