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Divorce forms: what you need to file in every state

Every divorce requires at least three core documents: a petition (your formal request to the court), a summons (legal notice to your spouse), and financial disclosures (a full accounting of income, assets, and debts). The exact form names and numbers vary by state, but the categories are universal. This guide explains what each form does, when you need it, and how to make sure you file the right paperwork the first time.

Starting a divorce feels overwhelming before you have even picked up a pen. The stack of court forms, the unfamiliar legal language, the fear of filing something wrong and having to start over. You are not imagining any of it. Research from the Self-Represented Litigation Network estimates that roughly 3 out of 5 people in civil family law cases handle the proceedings without an attorney, and paperwork errors are one of the most common reasons cases get delayed or rejected at the clerk's window.

This guide was built to fix that. Whether you are just starting out and trying to understand what forms even exist, or you are mid-process and want to make sure you haven't missed anything, you'll find a clear, plain-English breakdown below. Every category of divorce form is covered, along with state-specific resources and links to the Hello Divorce state guides where you can go deeper.

The 3 forms every divorce requires

Regardless of your state, your marital situation, or how cooperative your spouse is, three categories of paperwork anchor every divorce case. Miss any one of them and the court cannot move forward.

1. The petition for divorce (or dissolution of marriage)

This is the document that officially starts your divorce. The spouse who files it is called the petitioner. It tells the court who you are, when and where you were married, and what you are asking for: division of property, spousal support, child custody, child support, or any combination of those. In no-fault states, which now includes all 50 states in some form, the petition names the grounds for divorce, most commonly irreconcilable differences or irretrievable breakdown of the marriage.

State-specific names for this form include: Petition for Dissolution of Marriage (California, Florida, Arizona), Complaint for Divorce (Massachusetts, Maryland, New Hampshire), Petition for Divorce (Texas, Illinois, Georgia), and Application for Divorce (some counties in New York). The function is identical across all of them.

2. The summons

The summons is the court's official notice to your spouse that a divorce case has been filed. In most states it is a standard form issued by the clerk after you file your petition. It tells the respondent (your spouse) how long they have to respond, usually 30 days, and often lists automatic temporary restraining orders that go into effect the moment the summons is served. Those orders commonly prohibit either spouse from hiding assets, taking children out of state, or canceling insurance policies while the case is pending.

The summons must be formally served on your spouse, which means it has to be delivered to them personally by someone other than you: a process server, a sheriff's deputy, or any adult who is not a party to the case. After service happens, a Proof of Service form is filed with the court to confirm it was done correctly. See our guide to personal service and waiver of service for a full breakdown of your options.

3. Financial disclosure forms

Financial disclosures are required in every divorce. California Courts Self-Help explains that sharing financial information with your spouse is a mandatory step in every divorce or legal separation, and that principle applies nationwide. Each state uses its own form names, but every disclosure package covers the same core material: income and expenses, assets and debts, and supporting documents like pay stubs and bank statements.

These forms are not filed with the court. They are served on your spouse (and your spouse's on you), and then you file a separate confirmation form telling the court you have done so. Being dishonest or incomplete on financial disclosures is a serious matter. Courts can sanction a party, award the hidden asset entirely to the other spouse, or require one spouse to pay the other's attorney fees.

Forms you may need depending on your situation

Beyond the three required forms, most divorces involve at least a few additional documents based on what you and your spouse own, whether you have children, and how much you agree on. Here are the most common ones.

• Response to petition. If your spouse files for divorce, you have the right to respond. Filing a response allows you to agree or disagree with what the petition requests. If you do nothing, the petitioner can proceed by default and the court may grant everything they asked for. Even if you agree with most terms, filing a response protects your ability to weigh in on the final order.
• Marital settlement agreement (MSA). This is the document that captures everything you and your spouse have agreed to: how property and debt will be divided, whether spousal support will be paid, and how parenting will be structured if you have children. It becomes a legally binding court order once a judge approves it. The MSA is the backbone of every uncontested divorce. Learn more in our deep-dive guide to the marital settlement agreement.
• Parenting plan and custody form. Any divorce involving children requires a parenting plan that details legal custody, physical custody, and a visitation schedule. Some states have a combined child custody and visitation form; others require a standalone parenting plan submitted as a separate document. The specificity required varies, but courts everywhere want to see a concrete, workable arrangement for the children before they will finalize the divorce.
• Child support worksheet or stipulation. Most states require both parents to calculate child support using a state-mandated formula based on income, custody percentages, and certain expenses like health insurance and childcare. Some states have a specific worksheet you fill out and attach; others use an online calculator. Either way, the number needs to be documented and submitted.
• Waiver of service. If your spouse is willing to accept the divorce papers without formal service, they can sign a waiver of service form. This saves time and money and is common in cooperative, uncontested divorces. Once the waiver is signed and filed, you no longer need to arrange for a process server or sheriff's deputy.
• Affidavit of indigency (fee waiver). If you cannot afford the court's filing fee, most states allow you to request a waiver by submitting a form documenting your financial situation. Approval is not guaranteed, but qualifying applicants pay nothing to file. See our explainer on the affidavit of indigency for details.
• QDRO (Qualified Domestic Relations Order). If either spouse has a pension, 401(k), or other qualified retirement account that will be divided as part of the divorce, a QDRO is a separate court order that directs the plan administrator to split the account. A QDRO is not part of the initial filing packet; it is prepared and submitted later, often after the divorce is finalized. Skipping it means the account cannot be divided without tax penalties.

There are other forms that come up in specific circumstances: a decree of legal separation if you are separating but not divorcing, a petition for conciliation if your state offers it, or post-judgment modification forms if you need to change a custody or support order later. Our guide to primary divorce documents covers the full spectrum.

Divorce forms by state

State courts do not share a standard form library. Every state, and sometimes every county within a state, uses its own form numbers and naming conventions. The good news: the required categories are the same everywhere. The frustrating part: finding the right form on your state court's website can feel like a scavenger hunt.

Hello Divorce has built detailed, plain-language guides to the divorce forms used in the states where we operate. Each guide identifies the specific forms required, explains how they are completed, and links to official court sources. Start with your state below.

How to file divorce paperwork correctly

Filing correctly the first time saves weeks. Here is the sequence that applies in nearly every state.

1. 1
   Confirm you meet your state's residency requirement. Most states require at least one spouse to have lived there for 6 months before filing. Some states like Texas require 6 months in the state and 90 days in the county. California requires 6 months in the state and 3 months in the county. Filing in the wrong jurisdiction means your case could be dismissed.
2. 2
   Get the correct forms for your county. State forms are the baseline, but many counties have local supplemental forms. Always check your specific county court's website in addition to the statewide forms. Using forms from the wrong county is one of the most common reasons clerks reject filings.
3. 3
   Complete and file your petition and summons. Bring the completed petition and any required attachments to your county clerk's office (or file electronically if your county supports it). Pay the filing fee or submit your fee waiver application. The clerk will stamp your documents, assign a case number, and issue the summons.
4. 4
   Serve your spouse and file proof of service. Arrange for service of the petition, summons, and any other filed documents on your spouse. Once service is complete, the process server or authorized person completes a Proof of Service form, which you file with the court. If your spouse is willing to sign a waiver of service, you can skip the formal process server step.
5. 5
   Exchange financial disclosures. In most states, both spouses must exchange financial disclosures within 60 days of filing or responding. Complete your forms, serve them on your spouse, and file the confirmation form with the court. Do not wait on this step. Late disclosures slow your case down significantly.
6. 6
   File your agreement and request a judgment. Once you and your spouse have reached an agreement, you will file your marital settlement agreement, any parenting plan, and a request for a default or stipulated judgment. The court reviews and, if everything is in order, issues your Judgment of Dissolution (the official document that legally ends the marriage). Learn more about the difference between a divorce decree and a divorce certificate.

Common mistakes that delay a divorce

The American Bar Association notes that many states offer simplified do-it-yourself divorce procedures with standardized fill-in forms, but completing those forms correctly still requires attention to detail that many people underestimate. Here are the mistakes that cause the most delays.

• Using outdated forms. Courts update their forms regularly. A version you downloaded two years ago, or found through a Google search, may have been superseded. Always download forms directly from your court's official website immediately before filing.
• Leaving fields blank. Clerks are trained to check for blank required fields. Even if a section does not apply to you, write "N/A" rather than leaving it empty. Many courts reject incomplete forms without explanation, which means you re-file, wait in line again, and lose weeks.
• Incomplete financial disclosures. The most common and most consequential mistake. Forgetting to list a retirement account, a side business, or a jointly held debt can result in sanctions or a court order revisiting the entire property settlement. Read the instructions carefully and err on the side of including more, not less.
• Improper service. You cannot serve your own spouse. If you hand the papers to them yourself, the service is invalid and the entire timeline restarts. The process server must be at least 18 years old and cannot be a party to the case.
• Vague settlement agreements. Settlement agreements that are not specific enough get sent back. Courts want to see exact account numbers, precise asset descriptions, and clear parenting schedules with times and pickup/drop-off locations. Our guide on what people forget to include in settlement agreements covers the gaps most commonly flagged by courts.
• Skipping the QDRO. If retirement accounts are being divided, many people assume the divorce decree is enough to split them. It is not. A separate QDRO must be drafted, approved by the plan administrator, and submitted to the court. Forgetting this step is an expensive mistake that sometimes requires reopening a closed case.

If you want someone to review your forms before you file, Hello Divorce offers document review services with a licensed attorney. A one-hour review can catch errors that would otherwise cost you months.

Ready to handle your divorce paperwork without the stress?

Hello Divorce gives you court-approved forms, a step-by-step guide through the process, and access to licensed attorneys when you need them. Start your divorce for a flat rate, no retainer required.

This article is for informational purposes only and does not constitute legal advice. Divorce form requirements vary by state and county and are subject to change. For guidance specific to your situation, schedule a free 15-minute call with a Hello Divorce account coordinator.