Divorce Papers Checklist: Every Document You Need to File

Every divorce begins with the petition. It names both spouses, lists the date and place of marriage, identifies any minor children, states the grounds for divorce (usually 'irreconcilable differences'), and outlines what the petitioner is requesting — property division, custody, spousal support. The responding spouse doesn't file a petition; they sign an Acceptance of Service and the joint settlement agreement.

The summons is not a form you fill out — it's generated by the court when you file the petition. It tells your spouse they've been served with divorce papers, gives them the case number, and states their deadline to respond (usually 20–30 days). In uncontested divorces where your spouse signs an Acceptance of Service, they're acknowledging the summons without disputing it.

In an uncontested divorce, you can skip hiring a process server. Instead, your spouse signs an Acceptance of Service form — a simple document confirming they received the papers and choose not to dispute the service. This is filed with the court as proof that your spouse was notified. If your spouse won't sign, you'll need to use a process server, the county sheriff, or certified mail (depending on your state).

Nearly every state requires both spouses to file a financial affidavit under oath, even in the most straightforward uncontested divorce. It lists all sources of income, monthly expenses, and a complete inventory of assets and debts. Courts use this to verify that the settlement agreement is fair and not the product of coercion or fraud. Omitting assets is perjury — courts take this seriously.

This is the heart of your uncontested divorce. It's a legally binding contract — incorporated into the final decree — that specifies exactly how every shared asset and debt will be divided, whether either spouse will receive alimony, and under what terms. It must be comprehensive: courts will reject vague agreements like 'we'll split things fairly.' Every asset and debt needs a defined disposition.

If you have minor children, a parenting plan is required. It must detail the regular weekly schedule (which nights each parent has the children), holiday rotation (Thanksgiving, Christmas, spring break, summer), how transportation between homes is handled, and a process for resolving future disputes. Courts review parenting plans through the lens of the children's best interests — agreements that benefit one parent at the expense of stability for the children are frequently rejected.

Almost all states calculate child support using a statutory formula — typically considering both parents' gross income, the number of children, the parenting time split, and costs like health insurance and childcare. You must complete the state's official worksheet and attach it to your filing. Courts will rarely approve a child support amount significantly below the formula result without a compelling reason.

You don't fill out the final decree and submit it to the court — you prepare a proposed decree that incorporates all your agreements, and the judge signs it. Once signed, it's the official legal record of your divorce. You are legally divorced from the moment the judge signs. Order multiple certified copies immediately — you'll need them to update your name with Social Security, the DMV, banks, and your employer.