1. What Should You Check before Starting the Divorce Filing Process?
Before preparing forms, confirm that you qualify to file in the selected county and identify the filing route you will use. These decisions determine which papers you need and how the case begins.
Confirm Residency and the Filing County
For a standard divorce, either spouse generally must have lived in the state for six months and in the filing county for three months before filing. File in the Superior Court of a county where either spouse meets those requirements. Limited statutory exceptions apply.
Gather addresses and move dates before completing your forms. If you recently moved, you may be able to request legal separation and later amend the petition once you meet the divorce residency requirements.
When spouses or children live in different states, authority to dissolve the marriage does not automatically establish authority over every financial or custody issue. Review those questions before choosing a court.
Choose the Appropriate Filing Route
The steps below concern a standard case started by one spouse. Joint petitions and summary dissolution use different forms and procedures. Agreement between spouses does not, by itself, make every simplified route available.
For the broader path through settlement and judgment, see the divorce filing process.
2. What Documents Do You Need to File for Divorce?
Separate the papers that start your case from records you gather for financial disclosure. You do not need to settle every issue before filing, but your petition should accurately identify the orders you want the court to make.
Prepare the Initial Court Forms
The standard starting forms include the Petition, FL-100, and Summons, FL-110. If you have minor children together, include the UCCJEA declaration, FL-105. Check the court’s local requirements for additional forms.
| Prepare | Information Needed |
|---|---|
| Petition | Marriage and separation dates, children, requested orders |
| Summons | Court and party information, required notices |
| UCCJEA declaration | Children’s residence history and related custody cases |
| Local forms | Additional information required by the filing court |
Petition
- Information NeededMarriage and separation dates, children, requested orders
Summons
- Information NeededCourt and party information, required notices
UCCJEA declaration
- Information NeededChildren’s residence history and related custody cases
Local forms
- Information NeededAdditional information required by the filing court
Parents should gather existing custody orders and details of pending cases. Those records can affect how the court handles a divorce with children.
Gather Financial Records Separately
Collect tax returns, pay statements, account balances, retirement records, deeds, mortgages, and debt statements. Include property you believe belongs to only one spouse. Calling an asset separate property does not remove it from disclosure.
In a standard case, you generally must serve preliminary financial disclosures within 60 days after filing your Petition. A written agreement or court order may extend that deadline. You normally exchange disclosure documents with your spouse rather than file them with the court; file FL-141 to confirm service.
3. How Do You Submit the Papers and Pay Filing Fees?
Submit your completed forms to the court clerk and pay the required fee or request a fee waiver. The initial filing fee generally ranges from $435 to $450, so confirm the amount with your county before submitting your papers.
File and Keep Your Stamped Copies
Check whether your court accepts filing in person, by mail, or electronically. For paper filing, prepare the originals and required copies. Keep a complete copy of everything you submit.
Once the clerk accepts the papers, retain the filed copies and case number. Use that number on later documents and arrange service using the filed papers. The clerk’s acceptance starts the case; it does not approve your requested property, support, or parenting orders.
Budget for Expenses Beyond the Filing Fee
Ask about a fee waiver if you cannot afford court fees. A waiver does not necessarily cover private process servers, mediation, appraisals, or attorney fees.
Attorney retainers depend on the scope of representation and disputed issues. Request a written explanation of billing, included work, and expenses charged separately.
Keep Filing and Settlement Separate
You can start a case before reaching an agreement on property, support, or parenting. Filing does not resolve those questions.
If you have already negotiated terms, review them before signing a marital settlement agreement. An informal understanding does not replace required disclosures or court papers.
4. What Happens after Filing and Service?
Filing begins the case and brings immediate responsibilities for the filing spouse. Arrange legally valid service, keep proof of delivery, and track disclosure deadlines. Temporary custody or support orders require a separate request.
Read the Restrictions in the Summons
Standard family law restraining orders generally bind the petitioner upon filing and issuance of the Summons, and the respondent upon service or waiver and acceptance of service. They restrict certain property transfers, insurance changes, and removal of children from the state.
Read the actual Summons before moving money, changing coverage, or planning travel. The restrictions contain exceptions and do not freeze every ordinary transaction. They are also distinct from a domestic violence protective order.
Arrange Service and File Proof
You cannot serve the initial papers yourself. Another adult who is not a party must serve them through an authorized method. Include the required filed documents and blank response forms, and file the completed Proof of Service, FL-115.
Personal service is a common route. Mail service with a Notice and Acknowledgment of Receipt requires your spouse to sign the acknowledgment; mailing papers alone does not complete that method. The spouse generally has 30 days after service to respond.
If you cannot locate your spouse, review alternative service requirements before proceeding. Their failure to respond does not automatically grant a divorce or every order you requested.
5. Questions before You Start
Self-representation and agreement between spouses can simplify some work, but neither removes filing, disclosure, or judgment requirements. Resolve uncertainties about forms or urgent orders before submitting papers.
Can I File for Divorce without a Lawyer?
Yes. Court self-help centers provide forms and procedural information. Consider an attorney when the case involves another state, disputed parenting, business assets, safety concerns, or immediate support needs.
For a focused review, gather your residence history, draft petition, existing orders, and a list of unresolved issues. These materials help an attorney assess filing eligibility and whether you need a separate request for temporary orders.
Does Filing Start the Six-Month Waiting Period?
In a standard case, the minimum period generally runs from service of the Summons and Petition or the respondent’s appearance, whichever occurs first. Filing alone does not start that period. Joint petitions follow a different starting rule.
The marriage does not end automatically when six months expire. You must complete the remaining requirements and obtain a judgment stating when the marriage ends.
01 Oct, 2026
