Divorce Petition Template: What the Forms Ask For

Most states have official divorce forms

Unlike some other filings, divorce usually starts on your state’s own forms. Use this page to understand what those forms ask for and to gather your information before you sit down to fill them out. Some examples:

• California: Form FL-100 (Petition, Marriage/Domestic Partnership) starts a divorce, legal separation, or annulment.
• Florida: the Petition for Dissolution of Marriage forms (12.901).
• Texas: court-approved Divorce Set 1 forms for uncontested cases with no children and no real property.
• New York: uncontested divorce papers are filed with your local Supreme Court Clerk’s Office.
• Pennsylvania: the courts’ representing-yourself divorce page lists the steps and forms.

• California divorce forms
• Florida divorce forms
• Texas divorce forms
• New York divorce forms
• Pennsylvania divorce forms

Check the residency rule first

You can only file in a state (and sometimes a county) where you or your spouse has lived long enough. Examples from official court sources:

• California: 6 months in the state and 3 months in the county.
• Florida: at least 6 months in the state before filing.
• Texas: at least 6 months in the state and 90 days in the county.
• Pennsylvania: at least 6 months in the state right before filing.

What a divorce petition asks for

Gather this before you start. Most petitions ask for the same core information.

DIVORCE PETITION CHECKLIST

[ ] Both spouses: full names, addresses,
    dates of birth
[ ] Date of marriage and date of separation
[ ] Where each of you has lived, and for how
    long (for the residency rule)
[ ] Grounds (most states allow no-fault)
[ ] Children: names, birth dates, where they
    have lived
[ ] Property and debts, and whether each is
    marital or separate
[ ] Support: whether either spouse asks for
    spousal or child support
[ ] Custody: a proposed parenting plan, if
    you have children
[ ] Name change, if a spouse wants a former
    name back

Petition or response?

The spouse who files first is the petitioner. If your spouse filed and you were served, you file a Response instead of a new petition. Respond on time: ignoring a petition can lead to a default that sets the terms without you.

Uncontested or contested

In an uncontested divorce, you agree on the big issues. It is usually faster and cheaper, and many people handle it without lawyers. You file the petition, your spouse agrees or files an uncontested response, and you submit a written settlement for the judge to approve.

In a contested divorce, you disagree about property, support, or custody. People still represent themselves, but the higher the stakes, the more a family law attorney is worth a consultation.

Steps to start

1. Confirm you meet your state’s residency rule.
2. Get your state’s official divorce forms from its court self-help site.
3. Fill out the petition using the checklist above.
4. File it with the court clerk, and pay the fee or ask for a fee waiver.
5. Have your spouse formally served, and file proof of service.
6. If you agree on everything, write a settlement agreement covering every issue.
7. Wait out any required waiting period, then submit the final paperwork for the judge to sign.