What documents do I need to file for divorce?

Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide


When filing for divorce, you’ll need several important documents to begin the legal process and ensure a smooth transition through the court system. The specific requirements can vary by state, but here is a comprehensive list of what you generally need:

Basic Legal Documents

  1. Petition for Divorce (or Complaint for Divorce):

    • This is the initial form that officially starts the divorce process. It outlines the basic facts of your marriage, reasons for divorce, and your requests for things like child custody, alimony, and property division.

  2. Summons:

    • This document notifies your spouse that you are filing for divorce and provides them with a deadline to respond.

  3. Proof of Service:

    • You must prove that your spouse received the divorce papers. This can be done through personal service, certified mail, or a professional process server.

Financial Documents

  1. Income Statements:

    • Pay stubs, tax returns (typically the last 3 years), and 1099 forms if self-employed.

  2. Bank Statements:

    • For all joint and individual accounts for the last 3–6 months.

  3. Credit Card Statements:

    • Documentation of debts and ongoing expenses.

  4. Retirement Accounts and Investments:

    • 401(k), IRA, stock portfolios, and pension plans.

  5. Property and Asset Documentation:

    • Deeds to properties, mortgage statements, vehicle titles, and any property appraisals.

  6. Debt Records:

    • Loan agreements, credit card balances, and any outstanding debts.

Child-Related Documents (if applicable)

  1. Child Custody Agreements (if pre-existing):

    • Any temporary orders or informal agreements you have already.

  2. Child Support Orders (if pre-existing):

    • If child support is already in place, include that documentation.

  3. School and Medical Records:

    • Proof of school attendance, daycare expenses, and medical history.

Marital Agreements (if applicable)

  1. Prenuptial or Postnuptial Agreements:

    • If you have a prenup or postnup, it needs to be included in your filing.

  2. Separation Agreement (if you’ve been legally separated):

    • Document outlining the terms of separation, if applicable.

Additional Documentation (if applicable)

  1. Protection Orders:

    • If there has been domestic violence or abuse, any restraining orders or protective orders should be filed.

  2. Business Documents:

    • If you or your spouse own a business, you may need business tax returns, valuation documents, and ownership agreements.

  3. Health Insurance Information:

    • Details of coverage for both spouses and children.

  4. Social Security Information:

    • For both spouses and any children.

Final Divorce Decree (after proceedings):

  • This is the final order from the court that legally ends your marriage and outlines the terms of divorce (custody, support, property division, etc.).


Get more info with The Divorce Guide


Looking for more guidance and/or got more questions? Find the support you need with out Expert Guide!

To all questions

Previous
Previous

How do I serve divorce papers?

Next
Next

What if we can't agree on a parenting plan?