Because divorces have so many moving parts and can sometimes be heated, it is common to hire an attorney. This can get expensive quickly, however, with attorney’s fees ranging from $150 to $500 per hour or more. If you’re looking to save on costs, you can complete the divorce forms yourself and file them with the courts.
Let’s take a look at the most critical divorce papers and forms needed to dissolve your marriage and how to file them.
Divorce Forms Vary by State
Every state follows its own laws regarding divorce. Some states are community property states (meaning all assets acquired during the marriage must be divided equally), while others are equitable distribution states. This can affect how you file, what you are entitled to in the divorce and how assets get distributed.
Because every state dictates its own divorce laws, the forms required vary from state to state. You’ll want to access the correct forms through an online library that can search for the right forms for your state or visit the state’s family court portal, where the required forms will be accessible. It’s important that you know which forms to complete before you get started so that you don’t miss a form required by the court.
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How to Get Divorce Papers
Again, each state may differ, but in California, all local courts use a standardized set of divorce forms. Most divorces in California (and many other states) will require the following documentation:
Petition for Dissolution
This first step in the divorce process solicits basic information about the marriage and an indication of what court orders will be sought. A Petition for Dissolution can be filed in any county where at least one spouse meets the residency requirements. The courts’ Divorce Finder feature can help a petitioner determine where they qualify to file. They can then use the Find My Court tool to see exactly what courthouse locations are available in their area. In California, filing fees range between $435 and $450, but individuals who can’t afford this can apply to have the fee waived.
Summons
Unless both spouses together file a Joint Petition for Summary Dissolution, the petitioner must also complete a Summons. This is to be filed alongside the petition and also served to the other spouse (called the respondent) to inform them of the dissolution case and provide 30 days notice to submit a Response form. This process usually involves a Proof of Service of Summons form as well. The California courts also offer a guide for serving dissolution papers.
Declaration of Disclosure
A Declaration of Disclosure form documents marital assets and debts. California first requires a preliminary disclosure, which lists assets and debts along with information about income and expenses. These are filed and served alongside or following the Petition for Dissolution. A final disclosure later in the divorce process uses the same form but requires more detail, including categorization of property as either community (marital) or separate. Unless both spouses agree to waive it, a final disclosure is required 45 days prior to a judgment or trial date.
Other Divorce Documents
If minor children are involved in the divorce, the petitioner must submit a form for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. They may also request a temporary order from the court to address matters like child custody, exclusive possession of the marital residence and spousal support while the divorce is pending. Furthermore, certain local forms may be required by the county; California recommends petitioners check their local court’s website, contact their county clerk’s office or use a local self-help center to learn about any local forms.
Filling Out Divorce Forms
Typically, to start a divorce, you must file three forms with the family court. The forms include a Family Court Cover Sheet, Complaint for Divorce and a Summons. Complete each form with as much detail as you can. Below we outline what each form is and what it does.
Most courts require you to use black ink when filing forms or complete them online and print them or submit them digitally. Each form that you file will be date stamped with the day and time that you submitted it to the court.
Family Court Cover Sheet
The Family Court Cover Sheet is the first form that you will complete. It lists the basics about you and your family. It will have your name and contact information and your spouse’s name and contact information. The cover sheet also lists any children shared between you and your spouse. In this form, and all subsequent forms, you are the Plaintiff or Petitioner, and your spouse is the Defendant or Respondent.
This form also indicates whether you are seeking a divorce, simplified divorce (an option in some states) or a legal separation. Here is an example of a form from California.
Complaint for Divorce
The Complaint for Divorce tells the judge what you want out of the divorce. It outlines things like legal and physical child custody, spousal and child support requests, division of assets and debts, and whether or not you want to restore your name to your pre-marriage name.
Whether or not you have children may alter the complaint that you file. Some states have a different form for couples with children versus couples without children. Here is an example of this form from New York.
The Summons
The Summons is used to personally serve your spouse with the divorce papers. This form notifies your spouse that you have formally filed for divorced and gives them a copy of the Cover Sheet and Complaint for Divorce.
When your spouse is served is important, and it must be done legally. The date is important because your spouse will have a limited number of days, often 21 to 30, to respond to the complaint and make their own case for what they want out of the divorce.
Check with the court’s self-help center to determine how you can legally serve your spouse. Some states, like Hawaii, allow you to mail the summons with a signature requested, while other states require you to have a third party hand the paperwork directly to your spouse, notifying them that they are served.
Many states’ sheriff’s offices have a division for service of process through which you can hire a deputy to serve the paperwork for a nominal fee. There are also process service companies that you can hire.
Response Form: Responding to Divorce Papers
The respondent can respond to the divorce papers. As the respondent, you complete the Response Form, also called an Answer to Divorce, which outlines what you agree and disagree with in the petitioner’s complaint. You make your case for why the petitioner shouldn’t get everything asked for in the complaint and why you feel you are entitled to something different.
The Response Form must usually be completed and filed with the court’s clerk within 21 to 30 days of being served. Here is an example of this form from Texas. If you are served with divorce papers and do not respond, the case continues as an uncontested divorce without your input.
Joint Divorce Petitions
The Joint Divorce Petition takes the place of the complaint when the couple agrees on the dissolution terms. Both parties complete and sign it together.
While each state uses its own form, most Joint Divorce Petitions have each spouse’s personal data, the date of marriage, why the marriage failed and notes that there is a marital settlement agreement stating how the property is to be divided and how custody and support have been resolved.
The marital settlement agreement doesn’t need to be an official form and can be typed up and attached to the Joint Divorce Petition.
Sample Property Settlement Agreements
A Property Settlement Agreement is a quick way to divide marital assets such as the family home and personal property. Here is an example of this form from Florida. The form has a section to explain how ownership of the home is being divided as well as sections for financial accounts and debts.
It also has a section that lists how personal property is being divided. This section should discuss major items such as jewelry, furniture, collections and housewares.
The Property Settlement Agreement has a section that discusses the transfer of vehicles, stating that those vehicles in possession will remain in custody. This section is suitable for cars, trucks, boats and recreation vehicles. The parties are expected to change ownership titles as necessary to transfer ownership to the pertinent party.
Finally, the last section addresses retirement accounts and whether the accounts are being divided or each is keeping their own.
Sample Separation Agreements
A separation agreement is done before filing for divorce. It is a way to remain legally married while legally living separately. In many states a separation agreement is negotiated, the couple lives apart for a period of time and then the terms of that agreement automatically become the terms of the judgment of divorce. Here is a sample separation agreement from Ohio.
A separation agreement outlines custody of the children and support for the children and spouse where pertinent. It divides all marital assets and debts and discusses alimony if relevant.
DIY Divorce Filings
A DIY (do-it-yourself divorce), sometimes called a pro se divorce, does not involve a lawyer and is a more demanding, labor-intensive process for the person filing, but it is most often a cheaper alternative.
Who Can File a DIY Divorce?
Anyone who wishes to file their own divorce is entitled to do so. There is no requirement that you must use an attorney. However, going to trial without a lawyer is rarely recommended, and even if your divorce settles, you can benefit from having professional help.
A DIY divorce could be a mistake in cases with children and lots of communal property. Lawyers are also considered important when there’s significant animosity between parties and critical when domestic violence is involved. Experts advise the DIY method only for uncontested divorces in which both spouses agree on the terms of the divorce.
Which Online Company Should You Use?
The answer depends on one’s budget, goals and personal preferences. Many online divorce services offer similar services, making price an important factor when all else is relatively equal. Keep in mind that the documents on which these services base their templates are often published online by the state for free, so find a company that doesn’t upcharge simply for document access.
Petitioners should focus on finding a service package that meets the needs of their particular divorce or alternatively find a company with a la carte services that allows them to choose what they want. We recommend services that offer a money-back guarantee on court approval of the documents.
Who Can File for Divorce Online?
Importantly, online services only work for uncontested divorces. If a couple disagrees on matters like spousal support, division of assets or child custody, they’ll need to follow the traditional route. Those who hire a lawyer won’t need an online service.
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Frequently Asked Questions (FAQs)
Can I file for divorce online?
Most states have an online filing system for divorce forms. Usually at least one in-person appearance is required even if you file online. Check with your state’s family court system to see about filing for divorce online.
How can I get a quick divorce?
Uncontested divorces are the quickest way to get a divorce. Some couples attend mediation to help negotiate the division of assets and debts and support and custody issues. However, if you and your spouse can’t agree, you must go through the court process for a divorce trial.
Can I get divorced without a lawyer?
You can get divorced without a lawyer if you complete the required paperwork on your own and attend any required hearings. This can save you hundreds, if not thousands, of dollars in attorney fees. However, you may not understand what you are entitled to or you may make mistakes that preempt your rights, so it is important to be cautious.
How do I get a copy of my divorce decree?
When your divorce is complete, the court will send you a copy of your decree. If you do not receive one, contact the court clerk’s office where the divorce took place. These offices may also publish information on websites about accessing marital documents.
Should I hire a divorce lawyer?
Generally, a divorce lawyer is recommended. Whether or not you should try to DIY your divorce depends on the complexity of the divorce. Simpler cases, including uncontested divorces and especially summary dissolutions are better candidates for a DIY divorce. Lawyers are recommended for contested divorces, especially those that go to trial. Legal fees may be greatly outweighed by the benefits of a favorable outcome.
What’s the difference between a divorce decree and a divorce certificate?
A divorce certificate officially recognizes a divorce by stating its date and location. A divorce decree also includes this but is much more comprehensive, providing all the terms of the divorce judgment.
Can I skip the final declaration of disclosure?
Unlike a preliminary disclosure, a final disclosure isn’t necessary if both parties agree to waive it in their settlement agreement, which saves time and effort. Forgoing a final disclosure makes it harder to address any fraud or mistakes that might come to light in the future. To skip it, one should have complete confidence in the validity of their spouse’s preliminary disclosure.
