Provisional data from the Centers for Disease Control and Prevention (CDC) show 662,950 divorces and annulments in 2024 among the 45 states and the District of Columbia that reported, a rate of 2.3 per 1,000 population.
As with any legal process, divorce starts with filing a petition and sharing information about the parties’ financial status, leading up to the final disposition of the divorce, including property division, child support, and alimony.
According to the Law Office of Michael P. Granata, once the divorce decree is drafted from the agreed terms and both spouses sign it, the paperwork goes to the judge. In Texas, the judge can sign the decree and grant the divorce only after 60 days have passed since the petition was filed.
In some instances, even a basic understanding of documents can save time and money.
Here are some details about the paperwork necessary when filing for divorce.
Table of contents
Every state has its own forms
There is no standard divorce document for the US. Requirements vary by state, and many courts provide downloadable forms.
The names and formats differ from state to state, but the first forms mostly have information about the marriage, children, property, and debts.
California offers a clear example of how the process works on paper. Starting a divorce requires a petition and a summons, and both are available online, according to Kramer & Zitser, LLP, in a post covering divorce papers in California.
Reading a local explainer alongside the court’s own pages gives a fuller picture of the first steps.
Starting the case in California
The California courts’ self-help site lists the forms that start a divorce. The Petition, form FL-100, opens the case, and the Summons, form FL-110, notifies the other spouse. Parents of children under 18 also file form FL-105, a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act.
Filing costs money too. The same page lists the filing fee as $435 to $450 and says that people who cannot afford it can fill out forms to request a fee waiver.
Serving the other spouse
Filing the papers does not finish the first step. The other spouse has to receive them through formal service.
The individual serving the divorce papers needs to be at least 18 years old and not involved in the case. The filing party cannot serve the papers personally. The server can be a friend or relative or a professional process server. Some areas also let the sheriff serve the papers.
After service, the other spouse has 30 days to respond.
Financial disclosures
Financial disclosures make up a large share of the documentation process. According to the California self-help site, both the partners need to provide financial information regarding their possessions, debts, income, and expenses.
There are also copies of various documents required, like a paycheck stub. There is a deadline for the preliminary disclosure of 60 days from the filing of the petition or response.
These documents are not sent to the court. They are shared between the spouses themselves, and then a form is filed notifying the judge about meeting the requirement.
Why the timeline runs long
Even a divorce by mutual agreement will take some time. According to the courts of California, a divorce in this state cannot be finalized until at least 6 months after the other spouse is served or files a response.
Delays usually come from problems with documents. A forgotten signature on a document, a wrongly filled-out financial statement, or a proof of service not presented to the court may affect the end result.
Keeping the file in order
The results of maintaining good records will be evident. Maintaining a copy of all filed forms, recording service dates, and observing disclosure deadlines will minimize chances of running into the type of difficulties that cause delays.
There are also online guides published by the California Courts system for each stage involved, making it easier for those without attorneys to get started.
Saving all documents in one place with their dates allows quick access in the event that questions are posed by the opposing side or by the court.
Filling out divorce paperwork can seem unending, but there is an orderly progression to filing each form. Filing the petition initiates the case. Then the other spouse must be served with divorce paperwork. The next phase is the disclosure phase, where finances must be disclosed. Then a final judgment ends the case, provided each form has been completed.
