How to prepare for filing a divorce case.
There is no single national divorce packet. Each state—and often each county—controls its own filing location, forms, fees, service rules and finalization procedure. Use this guide to organize the decisions before relying on a local packet.
Source record reviewed: 2026-11-03 · Page updated: 2026-11-03 · Not attorney-certified legal advice
Eight stages to expect
- 01
Confirm the state and county
Residency and venue are different questions. A spouse may meet the state duration but still need to verify the correct county. Children, property and special marriage rules can create additional jurisdiction questions.
- 02
Choose the correct procedure
Regular, joint, simplified, summary, contested, uncontested and response procedures are not interchangeable. Pick the path from the court’s eligibility rules, not only from whether both spouses are friendly.
- 03
Collect identity and timeline facts
Record legal names, contact information, marriage and separation dates, children’s information, residence history and any existing case numbers or orders. Do not estimate dates used in sworn statements.
- 04
Inventory property, debts and income
List assets and obligations, when they were acquired, whose name is attached, approximate values and supporting records. Classification and division are legal questions; an inventory is only the factual starting point.
- 05
Prepare and file opening forms
The petition or joint petition tells the court what case is being opened and what relief is requested. A clerk’s acceptance starts a case; downloading or drafting a form does not.
- 06
Complete notice or joint-filing requirements
Many ordinary cases require formal service by someone other than the filing spouse. Joint procedures use different notice rules. Keep proof of what actually happened.
- 07
Exchange required financial information and resolve issues
Disclosure, settlement, mediation, temporary requests or a contested hearing may be required. Agreement must be documented in the format the court accepts.
- 08
Submit final documents and obtain judgment
A waiting period does not automatically end a marriage. The judge must sign or enter the required judgment, and the effective date should be confirmed from the returned order.
Documents worth gathering early
- Recent tax returns and wage or income records
- Bank, investment and retirement statements
- Mortgage, lease, vehicle and loan records
- Credit-card and other debt statements
- Property deeds, titles and insurance information
- Existing support, custody, protection or criminal orders
- Children’s school, care, health-insurance and schedule information
- A list of separate, marital or disputed property claims for legal review