Divorce application form: what it is, how to fill it out, and where to file

Last updated 2026-07-10

What exactly is a divorce application form?

The divorce application form is the document that opens a divorce case in court. Most states call it a Petition for Divorce or a Petition for Dissolution of Marriage. California uses form FL-100, the Petition for Dissolution of Marriage. The name shifts from state to state, but the job stays the same: it tells the court who you are, who your spouse is, how long you've lived in the state, why you're asking for a divorce, and what you want the court to order (property, debts, custody, support).

This form is not the same as your divorce papers as a whole. Divorce papers is a catch-all term for the entire stack of documents your case produces over its lifetime. The application form is the opening move, the one document that turns your marriage into a court case.

Filing it does not make you divorced. It starts the legal process, nothing more. The court won't grant your divorce until every required step is done, and in most states that includes a mandatory waiting period. That period runs from 0 days in states like Alaska to 6 months in California. ^[1]

Does every state use the same form?

No. Each state writes its own form, and inside a state, individual counties sometimes add local forms on top of the state version. There is no federal divorce form.

The content, though, is fairly standard everywhere. Every petition asks for:

• Full legal names and addresses of both spouses
• Date and place of marriage
• Names and birthdates of any minor children
• Grounds for divorce (nearly every state now accepts no-fault grounds, usually "irreconcilable differences" or "irretrievable breakdown") ^[2]
• Residency confirmation (most states require one spouse to have lived there for 60 to 90 days, though some require up to a year) ^[3]
• What you're asking the court to do: divide property, award support, establish custody

Some states have a combined form for uncontested cases. Texas uses an Original Petition for Divorce plus a separate Final Decree of Divorce that together carry the whole uncontested process. California splits the petition (FL-100) from the summons (FL-110) and demands both at filing. ^[4]

Get your form directly from your state or county court's official website. Self-help centers at state courts keep current, approved versions online. Using an outdated form pulled from some random website is one of the most common reasons clerks bounce a filing.

What are typical filing fees for a divorce application?

Filing fees for the divorce petition swing widely by state and county. The table below shows real fee ranges for 2024 to 2025 across a set of states. These cover the initial petition only. Separate fees apply for service, copies, and, in some courts, the final judgment.

State	Typical Petition Filing Fee	Source
California	$435	California Courts
Texas	$250 to $350 (varies by county)	Texas Courts
Florida	$408 (no minor children)	Florida Courts
New York	$210	NY Courts
Illinois	$289 to $388 (varies by county)	Illinois Courts
Colorado	$230	Colorado Judicial Branch
Washington	$314	Washington Courts
Georgia	$200 to $220 (varies by county)	Georgia Courts
Arizona	$349	Arizona Judicial Branch
North Carolina	$225	NC Courts

Can't afford the fee? Every state runs a fee waiver process. In California it's form FW-001. In Texas it's a Statement of Inability to Afford Payment of Court Costs. The standard is financial hardship, and a clerk cannot deny a waiver request without a judge reviewing it. ^[5]

The filing fee is one line on a longer bill. You'll also pay for service of process (a private process server runs $50 to $150 in most markets, and a county sheriff often does it for $25 to $75) plus any certified copies you need later. Total out-of-pocket for a fully DIY uncontested divorce usually lands between $300 and $600.

How do you fill out the divorce application form step by step?

Before you write a single word, gather these: your marriage certificate, both spouses' Social Security numbers, current addresses, and, if you have kids, their birth certificates and school information. Pull together a rough list of major assets (real estate, vehicles, retirement accounts) and debts too.

Then work the form section by section.

Caption block. The top of the form. Write the court name, your name as Petitioner, your spouse's name as Respondent, and leave the case number blank. The clerk assigns it when you file.

Grounds. In almost every state today, you check the no-fault box: "irreconcilable differences" or "irretrievable breakdown." You prove nothing and explain nothing about what went wrong. ^[2]

Residency. State the date one of you moved to this state or county. Don't meet the residency requirement yet? Stop. Filing early wastes your money and the court will dismiss the case.

Children. List every minor child by name and birthdate. If you have children, most states require an extra form, often called a Parenting Plan or Child Custody Affidavit. Use a child support calculator later to land on the right support figure.

Property and debt. The petition is a request, not a final order. Write what you're asking for, not necessarily what a judge will award. In an uncontested divorce you and your spouse have usually agreed already, so the petition and the settlement agreement should line up.

Relief requested. Check every box that applies: dissolution of marriage, property division, spousal support, child custody, child support. Leave a relevant box unchecked and the court may lack authority to rule on that issue.

Signature and verification. Most states require you to sign the petition under penalty of perjury. Some require notarization. Many don't. Read the instructions on the last page carefully.

Once it's done, make at least three copies. One for the court file, one to serve on your spouse, one for you.

What's the difference between a joint petition and a single petition?

In roughly half of U.S. states, both spouses file a joint petition together and sign the same document from day one. This is the cleanest path for an uncontested divorce because it tells the court you've already agreed on everything. States that allow joint petitions include Colorado, Maryland, Missouri, and Washington, among others. ^[6]

In the rest (California, Texas, Florida, and New York among them), one spouse files the petition. That person is the Petitioner. The other spouse is the Respondent and has to be formally served with a copy of the petition and a summons. The Respondent then files a Response or, in an uncontested case, a Waiver of Service or a written agreement not to contest.

The single-petition model still works fine for a fully agreed divorce. The Respondent signs a waiver of service, skips the process server step, and both spouses sign the settlement agreement. The court sees agreement on the record and things move quickly.

If your state allows a joint petition and your divorce is truly uncontested, use it. It usually saves one filing fee (some courts charge a separate response fee) and erases the service step entirely.

What documents do you file along with the petition?

The petition rarely travels alone. Most courts want a packet filed at the same time:

Summons. A court-issued document that formally tells your spouse a lawsuit has been filed. The clerk stamps it when you file.

Case Information Sheet or Cover Sheet. A short administrative form many courts use to categorize the case. Five minutes, tops.

Confidential Information Sheet. Many states want a separate sheet with Social Security numbers and dates of birth that stays out of the public record.

UCCJEA Declaration (if you have children). The Uniform Child Custody Jurisdiction and Enforcement Act declaration establishes which state has jurisdiction over your children's custody. Nearly every state requires it when children are involved. ^[7]

Proof of Residency. Some courts ask for this at filing. Others rely on your sworn statement in the petition.

Filing Fee or Fee Waiver Application. Obvious, but people still forget it. Many courts now take a credit card at the clerk's window or online.

For an uncontested divorce, you'll also file a Marital Settlement Agreement (sometimes called a Property Settlement Agreement), a Parenting Plan if you have kids, and a proposed Final Judgment or Decree. Those usually come after the response period closes, not at the initial filing. That full packet is what services like DivorceClear assemble as a complete set for $149, which can help if piecing together state-specific forms yourself feels like too much.

Check your court's own filing checklist. County self-help centers (most courthouses have one, and state court rules require them in most states) publish these online. ^[8]

How do you file the divorce application form: in person, by mail, or online?

All three options exist in most states now, though availability shifts by county.

In person is the most reliable for a first filing. You hand the clerk your packet, they scan it for obvious problems right there, stamp your copies, and give you a case number. If something's missing, you find out in the moment instead of getting a rejection letter three weeks later.

By mail works, but it adds lag. Courts are not quick with mailed filings. Include a self-addressed stamped envelope so the clerk can return your stamped copy.

E-filing is now mandatory or strongly pushed in a growing number of states. Texas requires e-filing for most civil cases, divorce included, through the state's eFileTexas.gov portal. ^[9] California allows e-filing in most counties. Florida runs a statewide e-filing portal. If your state has it, use it. You get a timestamp, a receipt, and a filed copy the same day.

Wherever you file, walk away with a stamped copy of everything. That stamped copy is your proof the case is open. Put it somewhere you won't lose it.

What happens after you file the divorce application?

Filing opens the case. Then things move in order.

First, your spouse has to be served. That means delivering a copy of the petition and summons to them in person (or, in some states, by certified mail or publication if they can't be found). You have a deadline to finish service, often 120 days from filing under federal civil procedure norms, though state rules vary. ^[10] California gives 60 days. Texas gives a year on the citation.

Once served, your spouse has a deadline to respond, usually 20 to 30 days depending on the state. In an uncontested case, they either file a formal Response agreeing with the petition or sign a Waiver of Service and Acknowledgment of Receipt.

Then the mandatory waiting period runs. California's 6-month clock starts on the date of service, not the date of filing. Texas has a 60-day waiting period from filing. Florida requires 20 days after service. Some states have no mandatory wait at all.

After the waiting period, if everything is agreed, you submit your settlement agreement and proposed final decree. A judge reviews it, may briefly question you at an uncontested hearing (often 5 to 10 minutes, sometimes waived entirely), and signs the decree. That's the moment you're legally divorced.

The total timeline from filing to final decree in an uncontested divorce usually runs 3 to 6 months in most states. California's 6-month minimum stretches it to 7 to 9 months there. ^[1]

What are the most common mistakes people make on divorce application forms?

Clerks see the same errors again and again. These are the ones that actually delay cases.

Filing in the wrong county. Divorce goes in a county where at least one spouse meets the residency requirement. If you moved recently, confirm which county applies before you file.

Using the wrong or outdated form. Courts update forms periodically. A form from 2019 may have fields that no longer match the current statute. Download fresh from the official court website every time.

Leaving required fields blank. Many forms have conditional sections: "If you have minor children, complete section 4." People skip those, then wonder why the clerk rejected the filing. Read every instruction line.

Not matching the settlement agreement to the petition. If your petition asks for equal division of the marital home but your settlement agreement hands it to one spouse, the court flags the mismatch.

Getting the notary wrong. Signing before a notary when one isn't required, or failing to notarize when one is. Read the signature block instructions. States differ.

Serving improperly. A friend dropping off papers is not legal service in most states. Service must be done by someone who is not a party to the case and is at least 18 years old, or by a licensed process server or sheriff.

Missing the response deadline. If you're the Respondent and you blow the deadline to file your response or waiver, the Petitioner can request a default judgment. Default divorces can be set aside, but it's a headache nobody wants.

The divorce attorney route heads off most of these because an attorney checks your work, but that cost is real. For a simple uncontested divorce, close attention to your court's official instructions handles the risk on its own.

Do you need a lawyer to file a divorce application form?

No. You have the right to represent yourself in family court. The legal term is appearing "pro se" (or "pro per" in some states). Every state court system permits it, and family courts process pro se uncontested divorce filings all day long. ^[8]

There are situations where a divorce lawyer earns the cost: contested custody, a business to value, a pension that needs a QDRO, big debt disputes, or any case where one spouse is being coercive. For those, self-help stops making sense.

For a genuinely uncontested divorce where you and your spouse agree on everything, property is straightforward, and there's no complex pension or business interest, filing your own paperwork is manageable. Millions of people do it every year. The court's self-help center staff can review your forms. They won't give legal advice, but they'll confirm you've used the right forms and filled them out completely.

This article is general information, not legal advice. For advice specific to your situation, talk to a licensed attorney in your state.

How is the divorce application form different in each major state?

A handful of state-specific points worth knowing:

California. The petition is FL-100. It's filed with a Summons (FL-110) and, if you have children, form FL-105 (UCCJEA). California has a mandatory 6-month waiting period that starts from the date the Respondent is served. ^[1] You can open the case and negotiate your agreement during those 6 months.

Texas. The Original Petition for Divorce needs a waiver of service or proof of service before the case proceeds. Texas has a 60-day waiting period from the date of filing. It also requires a "Military Service Affidavit" stating whether the Respondent is active-duty military, which comes from federal law (the Servicemembers Civil Relief Act). ^[11]

Florida. The Petition for Simplified Dissolution of Marriage is open to couples with no minor children, no pending adoption, no alimony dispute, and agreement on all property. It's a shorter form and the process moves faster. ^[12]

New York. New York has an Uncontested Divorce Packet with the Summons with Notice, Verified Complaint, and several affidavits. It's one of the more paperwork-heavy state processes even for uncontested cases, but the New York Courts self-help site walks through it step by step. ^[13]

Illinois. Illinois calls it a Petition for Dissolution of Marriage. The state requires a 6-month separation period only if one spouse does not consent to the divorce, which makes it a non-issue in truly uncontested cases. Illinois also eliminated fault grounds entirely in 2016.

The structure is similar everywhere. The details, form numbers, and fees are what change.

Where can you get the official divorce application form for free?

Start with your state court's official website. Every state has one, and most have a self-help or forms section:

• California: courts.ca.gov/forms
• Texas: txcourts.gov/programs-services/self-help
• Florida: flcourts.gov/Resources-Services/Family-Law
• New York: nycourts.gov/courthelp
• Illinois: illinoiscourts.gov/forms

Your county court may also have local forms that supplement the state ones. Check both.

Legal aid organizations in your state often publish annotated versions of the forms with plain-English instructions. Law school clinics sometimes offer free form review. The American Bar Association's Free Legal Answers program connects people to volunteer attorneys for quick questions. ^[14]

DivorceClear assembles a complete state-specific document packet for $149 if you'd rather have every form pre-populated and checked for consistency. Some people find that worth the cost for the time saved and the errors avoided.

Be careful with generic legal document sites that charge for forms available free on the court's website. You're paying for convenience and guidance there, not for the forms themselves.

Frequently asked questions

What is the divorce application form actually called?

It depends on the state. Most states call it a Petition for Divorce or a Petition for Dissolution of Marriage. California uses the shorthand FL-100. Texas calls it the Original Petition for Divorce. Florida has both a standard petition and a Petition for Simplified Dissolution of Marriage for qualifying couples. The function is identical regardless of the name: it's the document that opens your divorce case in court.

Can I file a divorce application online?

In many states, yes. Texas requires e-filing for most civil cases through eFileTexas.gov. California allows e-filing in most counties. Florida runs a statewide portal. Other states stay mostly paper-based at the clerk's window. Check your county court's website. Even where e-filing exists, some courts add a small convenience fee on top of the standard filing fee.

How long does it take for a divorce to be finalized after filing?

In most states, an uncontested divorce finalizes 3 to 6 months after filing. California has a mandatory 6-month waiting period from the date of service, so the minimum there is about 7 to 9 months. Texas has a 60-day waiting period from filing. Some states, like Alaska and Idaho, have no mandatory wait, so a straightforward case can close in 4 to 8 weeks from filing to final decree.

What is the filing fee for a divorce application?

Filing fees run from roughly $100 to $435 across U.S. states and counties. California charges $435 for the petition. Florida charges $408 for cases without minor children. New York charges $210. Texas ranges from $250 to $350 by county. If you can't afford the fee, every state has a fee waiver process based on financial hardship. Ask the clerk's office for the fee waiver application.

Does my spouse have to sign the divorce application form?

Not at the filing stage in most states. Only the Petitioner signs the initial petition. After filing, the Respondent (your spouse) is served and can sign a Waiver of Service instead of being formally served, which most cooperative spouses prefer. In states that allow a joint petition (Colorado, Maryland, Washington, and others), both spouses sign together from the start.

Can I use the same divorce application form if we have children?

You use the same base petition, but you'll fill out the children's sections in full and almost certainly need extra forms. Most states require a UCCJEA Declaration establishing custody jurisdiction, a proposed Parenting Plan or custody agreement, and a child support worksheet. The filing fee can also be higher with minor children, as in Florida where the fee is $409 with children versus $408 without.

What grounds do I put on the divorce application?

In nearly every state, you check the no-fault box. The phrasing is usually "irreconcilable differences," "irretrievable breakdown of the marriage," or "incompatibility." All 50 states now offer no-fault divorce. You don't have to prove your spouse did anything wrong. Putting fault grounds (adultery, cruelty) on the petition rarely helps in uncontested cases and can spark conflict where none needs to exist.

What happens if I make a mistake on the divorce application form?

Minor errors that don't affect substance can often be fixed with an amended petition, which you file just like the original. If the clerk catches an obvious deficiency before accepting the filing, they'll usually tell you on the spot and let you correct it. Errors found after filing may require a motion to amend. That's why reviewing the form against the court's checklist before submitting is worth the time.

Is the divorce application form the same as the divorce decree?

No. They sit at opposite ends of the process. The divorce application (petition) starts the case. The divorce decree (Final Judgment of Dissolution of Marriage or similar title) ends it. The judge signs the decree after reviewing your settlement agreement and finding it fair and complete. The decree is the document that legally ends your marriage and the one you'll show banks, the DMV, and Social Security.

Do I need a lawyer to complete the divorce application form?

No. Self-representation (pro se) is allowed in all U.S. states for divorce. Courts, especially family courts, handle pro se filers routinely. Most state courts have self-help centers that review your forms for completeness without giving legal advice. For an uncontested divorce with agreed terms and no complex assets, DIY filing is entirely doable. For contested cases or complex finances, a lawyer's review is usually worth the cost.

Where do I file the divorce application form?

File at the clerk of court in your county (or parish in Louisiana). The correct county is generally where you live, where your spouse lives, or where you last lived together, depending on your state's rules. You cannot file in a county where neither spouse meets the residency requirement. Your state court's website will name the county that applies and list that clerk of court's address and hours.

How do I get a fee waiver for the divorce application filing fee?

Ask the clerk for the fee waiver application before you file. In California it's form FW-001 (Application for Waiver of Court Fees). In Texas it's a Statement of Inability to Afford Payment of Court Costs. The form asks about your income, expenses, and assets. A judge decides whether to grant it, and the clerk cannot reject it without judicial review. Legal aid offices can help you fill it out.

What is a simplified divorce application and do I qualify?

Several states offer a simplified or summary dissolution process for couples who meet strict criteria: no minor children, a short marriage (often under 5 years), minimal assets and debt, no real property, and agreement on everything. Florida's Petition for Simplified Dissolution of Marriage and California's Summary Dissolution (for marriages under 5 years that meet asset thresholds) are the best-known examples. If you qualify, the simplified process is faster and cheaper.

Can I withdraw my divorce application after filing?

Yes. Before the Respondent files a response, the Petitioner can usually dismiss the case voluntarily without court permission by filing a Notice of Voluntary Dismissal (or similar form). Once the Respondent has filed a response, both spouses typically must agree to dismiss, or a judge must approve it. Filing fees are generally not refunded after a case is opened, no matter when you withdraw.

Sources

1. California Courts, Divorce or Separation Overview: California has a mandatory 6-month waiting period beginning from the date the Respondent is served, and the total timeline for an uncontested divorce is typically 7 to 9 months.
2. Legal Information Institute, Cornell Law School, No-Fault Divorce: All 50 states now offer no-fault divorce grounds, typically phrased as irreconcilable differences or irretrievable breakdown of the marriage.
3. Legal Information Institute, Cornell Law School, Divorce: Most states require one spouse to have established residency for 60 to 90 days before filing, though some require up to one year.
4. California Courts, Judicial Council Forms FL-100 and FL-110: California requires both the Petition for Dissolution of Marriage (FL-100) and the Summons (FL-110) to be filed together at the start of a divorce case.
5. California Courts, Fee Waivers: Every state has a fee waiver process for those who cannot afford filing fees, and clerks cannot deny a waiver request without judicial review.
6. Colorado Judicial Branch, Divorce Self-Help: Roughly half of U.S. states allow spouses to file a joint petition together, including Colorado, Maryland, Missouri, and Washington.
7. Uniform Law Commission, Uniform Child Custody Jurisdiction and Enforcement Act: The UCCJEA, adopted by all 50 states, requires parties with minor children to file a custody jurisdiction declaration establishing which state has authority over the children.
8. Legal Information Institute, Cornell Law School, Pro Se: Self-representation (pro se) is permitted in all U.S. state courts, and family courts routinely process pro se filers, with many courts offering self-help centers.
9. Texas Courts, eFileTexas: Texas requires electronic filing for most civil cases including divorce through the eFileTexas.gov portal.
10. United States Courts, Federal Rules of Civil Procedure: Federal civil procedure Rule 4(m) provides a 90-day deadline for service of process after filing, and state divorce rules vary and may be shorter or longer.
11. U.S. Department of Justice, Servicemembers Civil Relief Act: Federal law (the Servicemembers Civil Relief Act) affects default judgments against active-duty military, which is why states such as Texas require a military service affidavit.
12. Florida Courts, Family Law Self-Help: Florida offers a Petition for Simplified Dissolution of Marriage for qualifying couples with no minor children, no adoption, and full agreement on property and no alimony.
13. New York Courts, CourtHelp Divorce: New York's uncontested divorce packet includes multiple required forms including the Summons with Notice, Verified Complaint, and several affidavits, making it one of the more paperwork-intensive state processes.
14. American Bar Association, Free Legal Answers: The ABA's Free Legal Answers program connects low-income individuals with volunteer attorneys for quick online legal questions including divorce procedure questions.