Divorce Papers: What You Need to File (2024)

Initiating a Divorce

Although divorce rates have fallen across the U.S., the process of divorce has, generally, become much easier. Petitioners in many states can now file for divorce online. And even in states without such capabilities, you can often download the forms you need from the court’s website and fill them out at home before taking everything to the courthouse.

The divorce documents you fill out will vary depending on your state, but most proceedings will require the following papers:

Divorce Petition

The divorce petition is the heart of your divorce filing. It is the document that lays out the basic facts of your marriage, such as your spouse’s name and your marriage date. You may need to get a copy of your marriage certificate to ensure you provide accurate information.

The petition also describes the basis for the court’s jurisdiction over the case. States have residency requirements to file a divorce. The length of the required residency can range from six weeks in Nevada to six months in Maine.

However, residency statutes often contain exceptions that give the court other grounds for jurisdiction aside from residency itself. For example, you might not need to live in the state for the minimum amount of time if your spouse is a resident of the state. Similarly, you might not need to meet the residency requirement if the reason you are pursuing the divorce occurred in the state.

Every state offers the option to file a no-fault divorce. For example, North Carolina residents can file for a divorce for any reason, or even no reason at all, after a year of separation. No-fault cases are often less contentious because the petitioner does not need to prove the reason behind the divorce, and the respondent does not need to defend their actions.

Nevertheless, some states also allow petitioners to provide a reason for filing the divorce, even if that means blaming their spouse in the petition. New York, for example, accepts the following reasons for divorce:

• Adultery involving sexual conduct

• Cruel and inhuman treatment, such as domestic violence

• Incarceration for at least three years after the marriage

You do not need to prove your reason in your petition, but if you include one at all, your spouse has the right to contest it.

Summons

A summons is a document that explains to your spouse that you have filed the divorce in court and that they need to respond to avoid a default judgment against them. A default occurs if your spouse misses the response deadline; the court will enter a judgment in your favor.

You will prepare a summons using the template provided by your state court website. The court clerk will stamp the summons with the filing date and case number. Given the sheer number of lawsuits that are filed each year, your spouse must use that information to identify their response so it reaches the right case file.

Proof of Service

Once your divorce documents are filed, you must serve them by having them delivered to your spouse. You will usually hire a process server to serve the papers on your behalf, though you can have your local sheriff’s office do so as well. You can also hand-deliver them to your spouse, but in many cases, such an option is not feasible.

The proof of service is a document completed after serving your spouse. It attests that the papers were delivered, and it will bear the signature of the person who served them. You must include the proof of service in your divorce filing.

Information You Need to File Divorce Papers

You will not need much information to file divorce papers. Most courts rely on a doctrine called “notice pleading,” which only requires that you include enough information to accomplish the following goals:

• Give your spouse notice that the divorce has been filed and the reasons behind it, if any

• Explain how the court has jurisdiction over the case

• Ask for a dissolution of the marriage and any other appropriate relief

What do divorce papers look like? You can often find examples online from legal aid groups, bar associations, or your state court.

Where to Get Divorce Papers

Your state court’s website will usually maintain an online forms library that explains how to get divorce papers and fill them out. Some courts provide a forms wizard that fills out the documents based on your answers to pre-asked questions, while others will simply provide instructions that you can use to fill out the forms on your own. Your state court’s website may also give an example of divorce papers for you to use as a template.

In any case, after you complete your documents, you should compare them to sample divorce papers to ensure you filled them out correctly. If your court does not provide a sample, you might find one in your local law library.

Get Help From ConsumerShield

Filing for divorce is usually a straightforward ordeal. However, you must prepare yourself to face complex legal issues after doing so. If you expect a contested case, consider hiring a lawyer. ConsumerShield provides legal education and lawyer referral services. Contact us for a free case evaluation so we can help you find the right lawyer to file your divorce.