How to fill out a petition for dissolution of marriage

Last updated 2026-07-09

What is a petition for dissolution of marriage?

A petition for dissolution of marriage is the legal document that formally asks a court to end your marriage. That's it. It tells the court who you are, who your spouse is, when and where you married, and what you want decided: property division, child custody, support, name changes, and the like.

The word "dissolution" is just the legal term most states use for divorce. Some states, including California and Florida, use it on official forms. Others, like New York and Texas, still say "divorce" or "Original Petition for Divorce." Same document, different label.

Filing the petition opens your divorce case. Until it's filed with the court clerk and your spouse is formally served, nothing else can happen legally. Every other form you complete, every agreement you sign, only matters after this one goes in.

Where do you get the official petition form for your state?

Always get the form directly from your state or county court's website. Do not use a random PDF you found through a search result unless you can confirm it links back to an official court or state judicial branch page.

Every state with a self-help center, which is most of them, posts free fillable forms online. Here's how to find yours:

• California: California Courts Self-Help Center at selfhelp.courts.ca.gov has the FL-100 Petition for Dissolution ^[1]
• Florida: Florida Courts at flcourts.org posts the Family Law Forms packet including Form 12.901(a) ^[2]
• Texas: Texas Law Help at texaslawhelp.org has the Original Petition for Divorce with instructions
• New York: New York Courts at nycourts.gov has the Uncontested Divorce Packet
• Illinois: Illinois Legal Aid at illinoislegalaid.org links to circuit court forms

If your state isn't listed above, search "[state name] courts self-help divorce forms" and look for the .gov or official judicial branch result. Many county courts have their own local supplemental forms too, so check both the state site and your specific county court's site.

One honest caveat: forms get updated. A form that was current in 2022 may have a new version now. Look for a revision date, usually printed in the footer of the form itself, and confirm it matches what the court currently accepts.

What information do you need before you sit down to fill it out?

Gathering everything first saves a lot of frustration. Here's what you'll need on hand:

Personal information for both spouses:

• Full legal names (exactly as they appear on your marriage certificate)
• Current addresses (or a P.O. box if you're concerned about safety)
• Dates of birth
• Social Security numbers (some states require these on the petition; others put them on a confidential addendum)

Marriage information:

• Exact date of marriage
• City, county, and state where you married

Children:

• Full legal names and dates of birth of any minor children of the marriage
• Current addresses for the children
• Whether any children are subject to existing custody orders in another state

Property overview:

• Whether you own real estate together (you don't need legal descriptions here, just a yes/no)
• Whether you have significant joint debts or assets

Residency:

• How long you've lived in the state and county where you're filing (residency requirements vary by state, see the next section)

You don't need every financial document in front of you just to file the petition. The detailed asset and debt disclosures come later, often through separate financial affidavit forms.

How do you fill out each section of the petition?

Petition forms vary by state, but the core sections are nearly universal. Here's what each one actually means.

Caption / case header This is the top block of the form. You'll fill in the court name (e.g., "Superior Court of California, County of San Diego"), your name as the "Petitioner" (the person filing), and your spouse's name as the "Respondent." Leave the case number blank. The clerk assigns it when you file.

Residency and jurisdiction You'll check a box or fill in a statement confirming you've met the state's residency requirement. California requires six months in the state and three months in the county ^[1]. Florida requires six months in the state ^[2]. Texas requires six months in the state and 90 days in the county ^[3]. If you don't meet residency yet, you cannot file in that state.

Date and place of marriage Enter the exact date and location. Use what's on your marriage certificate. Courts don't need the name of the venue, just the city and state.

Separation date Many states ask when you separated. This matters for property division because it can determine what counts as marital property. If you're unsure of an exact date, use the date you stopped living together or the date you decided the marriage was over. Courts generally accept a reasonable estimate, but be honest.

Grounds for divorce In all 50 states you can file on "no-fault" grounds. The phrase used is usually "irreconcilable differences" or "irretrievable breakdown of the marriage." Check that box. You almost never need to allege fault (adultery, cruelty) in an uncontested case, and doing so only complicates things.

Children of the marriage List every minor child. Many states ask whether the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies, meaning whether the child has lived in another state recently ^[4]. If your kids have lived only in your current state for the past six months, this is straightforward. Check "yes, this state has jurisdiction" and move on.

What you're asking for (the prayer for relief) This section lists what you want the court to grant. Common items:

• Dissolution of the marriage
• Restoration of your former name (if applicable)
• Child custody and visitation per your parenting plan
• Child support per state guidelines
• Division of property and debts
• Spousal support (alimony), if you're requesting it

For an uncontested divorce, you and your spouse will settle all of these in a separate marital settlement agreement. The petition just needs to flag which topics are at issue so the court knows what to address.

Signature and verification Sign the petition in front of a notary if your state requires notarization (check your specific form's instructions). Many states just need your signature under penalty of perjury, without a notary. Date it the day you sign it, not the day you plan to file.

What are the most common mistakes people make filling out the petition?

Courts see the same errors over and over. These are the ones most likely to get your filing rejected or delayed.

Name mismatches. Use your full legal name exactly as it appears on your marriage certificate, not a nickname or a name you've been using socially. If your driver's license has a different name than your marriage certificate, use the marriage certificate version on the petition.

Wrong form version. Forms get updated. Filing an outdated version almost always results in a rejection.

Leaving required fields blank. If a field says "required" or doesn't have an "N/A" option, fill it in. A blank field on a required line gets your petition kicked back.

Incorrect residency dates. If you moved to the state recently, calculate carefully. Filing even one day before you've met the residency requirement means the case can be dismissed.

Marking "fault" when you don't need to. Some people think checking adultery or cruelty will help them get a better outcome. In most uncontested cases it doesn't. It just adds complexity and can make your spouse uncooperative.

Not accounting for all minor children. Every child of the marriage must be listed. If a child is left off, custody orders from the decree may not cover them.

Skipping the UCCJEA section. Courts require this. If you don't fill it out, the clerk will send the petition back.

Filing in the wrong county. Some states require you to file in the county where you live; others let you file where either spouse lives. Check your state's rules before you drive to the courthouse.

What does the petition actually cost to file?

Filing fees are set by state statute or court rule and change periodically. The ranges below are based on publicly posted fee schedules as of mid-2025, but always confirm the current amount on your county court clerk's website before you go.

State	Typical Petitioner Filing Fee	Respondent Answer Fee
California	$435 [5]	$435
Florida	$408 (varies by county) [2]	$280, $300
Texas	$250, $350 (county varies) [3]	$200, $300
New York	$210 [6]	$215
Illinois	$289 (Cook County)	$189
Georgia	$200, $220	$120, $150
North Carolina	$225	N/A (uncontested)
Washington	$314 [7]	$314

Can't afford the filing fee? Ask for a fee waiver form. Every state has one. In California it's form FW-001; in Florida it's a Financial Affidavit for Waiver of Fees. Courts grant waivers based on income, usually at or below 125% of the federal poverty level ^[8].

The filing fee is just the cost to open the case. If you need a process server to serve your spouse, that runs an additional $50 to $150 in most areas. Certified copies of the final decree cost $5 to $25 per copy depending on the county.

Do you need to attach other documents when you file the petition?

In most states, you file the petition as a standalone document to open the case. You don't need to attach your settlement agreement or financial disclosures at that stage. Those come later.

Some states or counties do require additional documents at the time of initial filing:

• Summons: Most states require you to prepare a summons (or the clerk issues one) that gets served on your spouse along with the petition. California's FL-110 and Florida's 12.910(a) are standard examples.
• UCCJEA Declaration: California requires form FL-105 attached to the petition if there are minor children ^[1].
• Confidential Counseling Information: Some counties require a separate sheet with Social Security numbers kept out of the public record.
• Cover sheet: Some courts want a civil case cover sheet to route the case to the right department.

Check your specific court's "divorce filing checklist" or ask the clerk's office directly. Most self-help centers post a checklist. The clerk cannot give legal advice, but they can tell you what documents they need to accept your filing.

What happens after you file the petition?

Filing opens the case. Here's the sequence from there for a typical uncontested divorce.

Service of process. Your spouse must be formally served with the petition and summons. You cannot serve them yourself in any state. Options include a professional process server, the county sheriff, or, in many states, having your spouse sign an Acceptance of Service or Waiver of Service form if they're cooperative. For an uncontested divorce where both spouses are on the same page, the waiver route is faster and cheaper.

Response period. After service, your spouse typically has 20 to 30 days to file a formal response (the Respondent's answer). In a true uncontested divorce, they often waive this or file a joint response.

Financial disclosures. Most states require both spouses to exchange financial disclosures, listing income, assets, and debts. California calls these Preliminary Declarations of Disclosure. Florida requires financial affidavits. These are mandatory even in fully uncontested cases.

Settlement agreement. You and your spouse file your marital settlement agreement covering property division, debt allocation, child custody (if applicable), child support, and alimony. This is the document that actually determines most of what happens in your post-divorce life.

Waiting period. California has a six-month mandatory waiting period from the date the respondent is served ^[1]. Florida has a 20-day minimum. Texas has 60 days ^[3]. The divorce cannot be finalized before the waiting period ends regardless of how fast everything else goes.

Final hearing or default. Some states require a brief in-person hearing even for uncontested divorces. Others process them entirely by paperwork review. The judge signs the final decree of dissolution, and you're legally divorced.

If you want someone to have all the forms pre-populated and cross-checked for your state, the DivorceClear document packet covers the full set for $149, which is a fraction of what even one hour with an attorney costs. That said, you can absolutely do this yourself using your state court's free forms if you're willing to read carefully.

Does the petition look different if you have children?

Yes, meaningfully. When minor children are involved, the petition triggers extra requirements in almost every state.

You'll fill out the UCCJEA section more completely, confirming which state has jurisdiction over the child and listing where the child has lived for the past five years. If the child lived in more than one state during that period, you list all of them.

Many states require you to attach or simultaneously file a proposed parenting plan with the petition or shortly after. Florida's parenting plan form (12.995(a)) is required before the case can be finalized ^[2]. California doesn't require one at filing but requires it before the judgment.

Child support is addressed in the settlement agreement, not the petition itself, but the petition typically flags that you're requesting it. Child support amounts are set by state statutory guidelines, not negotiated freely. If you want to see what the number might look like, a child support calculator based on your state's formula gives you a realistic starting point.

One thing people miss: if there's any domestic violence history, or if a restraining order is in place, most states have a separate process that runs alongside the divorce. The petition alone doesn't protect children or a vulnerable spouse. Ask the self-help center about protective orders if this is relevant to your situation.

For more on how custody decisions work in context, read our breakdown on divorce papers.

What's the difference between dissolution, divorce, and legal separation?

The terms are close but not identical.

"Divorce" is the common word. "Dissolution of marriage" is the legal term used in the official statutes of states like California (Family Code Section 2310), Florida, Oregon, and others. They mean the same thing: the legal end of the marriage.

"Legal separation" is different. You're still legally married after a legal separation, but a court orders the division of assets and debts and sets custody and support arrangements. Some couples choose this for insurance reasons, religious reasons, or because they haven't yet met the residency requirement for divorce in a new state. You file a petition for legal separation the same way you'd file a petition for dissolution, but the relief you're requesting is different.

"Annulment" is different again. It declares the marriage legally void as if it never existed, and it requires specific legal grounds (fraud, incapacity, prohibited relationship). You can't get an annulment just because the marriage was short.

For most people ending a marriage permanently, the petition for dissolution or divorce is what you want. If you're uncertain whether legal separation might suit you better, that's a good question for a brief consultation with a divorce attorney.

Do both spouses sign the petition, or just the one filing?

In most states, only the petitioner (the spouse who is filing) signs the petition. The respondent (the other spouse) gets served with it and responds separately.

Some states allow or encourage a joint petition, where both spouses sign together from the start. This is especially common in truly amicable uncontested divorces. California allows joint petitions via FL-100 and FL-110 filed together. Washington state and Oregon also have joint petition options.

A joint petition has real advantages: it skips the formal service of process step, shortens the timeline, and signals to the court that everyone is cooperative. If you and your spouse are genuinely on the same page and have already worked out your agreement, ask your court clerk whether a joint petition is available.

If you file as the sole petitioner, your spouse doesn't need to "agree" to the divorce. They can contest the terms, but they cannot stop the divorce itself. In a no-fault state, one spouse's desire to end the marriage is sufficient grounds.

Should you hire a lawyer to fill out the petition, or can you do it yourself?

For an uncontested divorce with no minor children and relatively straightforward finances, filling out the petition yourself is genuinely manageable. The forms are designed for self-represented filers, and most state courts have invested in self-help centers specifically because so many people do this without attorneys.

That said, there are situations where getting legal advice before you file is worth the money:

• You own real property and aren't sure how to handle it in your state
• One spouse has a pension or defined-benefit retirement account (these require a QDRO, a separate court order, and getting it wrong is expensive)
• There's a significant income disparity and alimony is a real question
• There's any history of domestic violence or coercion
• Your spouse has already hired a divorce lawyer

For everyone else, the self-help route works. California's courts report that most family law litigants now represent themselves, which tells you how common this is ^[1].

My honest take: if your situation is simple, don't pay a full-service attorney $2,000 to $5,000 to fill out forms you can fill out yourself in a couple of careful hours. But don't shortcut the reading either. The petition is a legal document. Fill it out accurately, double-check every name and date, and make sure you're using the current form version.

Frequently asked questions

Can I fill out a petition for dissolution of marriage online?

Yes. Most state court websites have fillable PDF forms you can complete on your computer and print. Some counties have guided online interview tools that generate the completed form for you. California's courts and Florida's courts both offer this. Search your state's official court website for 'self-help divorce forms' to find the current version.

What is the difference between a petition for dissolution and a divorce complaint?

They're the same thing with different names. States that use 'dissolution' terminology call it a petition; states that use 'divorce' terminology often call it a complaint or an original petition for divorce. The document does the same legal job: formally requesting that the court end your marriage and resolve related issues.

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

It depends heavily on your state's mandatory waiting period and how busy the courts are. California has a six-month waiting period from service date. Florida has 20 days minimum. Texas has 60 days. Washington has 90 days. Even in uncontested cases, you cannot finalize before those periods end. Total timeline from filing to decree is typically 3 to 12 months.

What if I make a mistake on the petition after filing it?

You can file an amended petition in most states. Minor clerical errors are often corrected informally with the clerk's help before the judge reviews the file. Substantive errors, like a wrong date of marriage or a missing child, need a formal amendment. File it as soon as you notice the error. Courts are generally understanding about honest mistakes on self-prepared petitions.

Do I list all marital property in the petition?

No. The petition typically just flags that property exists and that you're requesting a division of it. The detailed listing of assets and debts goes in your financial disclosure forms and your marital settlement agreement, which are separate documents filed later in the process.

What if my spouse refuses to sign or respond after I file the petition?

You don't need your spouse's signature to file the petition. If they're properly served and don't respond within the deadline (typically 20 to 30 days), you can request a default. A default divorce means the court can grant what you asked for in the petition without the respondent's input. You'd still need to file the required financial disclosures and a proposed judgment.

How do I find out the residency requirement for my state?

Check your state's official court self-help website or the text of your state's divorce statute. Common requirements: California needs 6 months in the state, 3 in the county. Florida needs 6 months in the state. Texas needs 6 months in the state, 90 days in the county. New York needs 1 year of residency in most situations. If you're under the threshold, you must wait before filing.

Can I request a name change in the petition?

Yes, and it's much easier to do it here than to go through a separate name change proceeding later. Almost every petition form has a checkbox or a line asking whether you want your former name restored. Fill it in with your desired name. Once the decree is issued, it works as your legal name change document for updating your license, Social Security card, and passport.

Is the petition for dissolution the same as the final divorce decree?

No. The petition starts the case. The final decree (also called a Judgment of Dissolution, Divorce Decree, or Final Judgment) is what the judge signs at the end to officially end the marriage. You'll file several other documents between the petition and the final decree, including financial disclosures, a settlement agreement, and often a proposed judgment.

What grounds should I list on the petition?

For virtually all uncontested divorces, check 'irreconcilable differences' or 'irretrievable breakdown of the marriage.' Every state now allows no-fault divorce. You don't need to prove wrongdoing. Listing fault grounds (adultery, cruelty) in an uncontested case rarely improves your outcome and often creates conflict that slows everything down.

Do I need a lawyer to file a petition for dissolution of marriage?

No. You have the right to represent yourself, and millions of people file uncontested divorces without an attorney every year. State court self-help centers exist specifically to support self-represented filers. A lawyer makes sense if your finances are complicated, you have a pension to divide, there's domestic violence involved, or your spouse has already retained counsel.

What is the filing fee for a petition for dissolution of marriage?

Filing fees range from roughly $75 to $435 depending on the state and county. California charges $435, Washington charges $314, New York charges $210, and Florida charges approximately $408 though this varies by county. If you cannot afford the fee, file a fee waiver application with your petition. Courts grant waivers based on income, typically at or below 125% of the federal poverty level.

What is a joint petition for dissolution, and is it better?

A joint petition is one both spouses sign together at the start, skipping the service of process step. Not every state offers this option, but California, Washington, and Oregon do. For a truly cooperative uncontested divorce, it's generally faster and cheaper. Ask your county clerk if your state accepts joint petitions before deciding which path to take.

Sources

1. California Courts Self-Help Center, Divorce or Legal Separation: California requires six months of state residency and three months in the county before filing; FL-100 is the standard petition form; UCCJEA form FL-105 must accompany petitions involving minor children
2. Florida Courts, Family Law Forms: Florida requires six months of state residency before filing; standard petition is Form 12.901(a); filing fees vary by county around $408; parenting plan form 12.995(a) is required for cases with minor children
3. Texas Law Help, Divorce Overview: Texas requires six months of state residency and 90 days in the county; mandatory 60-day waiting period after filing; filing fees range $250 to $350 by county
4. Uniform Law Commission, Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): The UCCJEA governs which state has jurisdiction over child custody; the home state is the state where the child lived for the six months prior to commencement of the proceeding
5. California Courts, Superior Court Filing Fees: California Superior Court first paper filing fee for a petition for dissolution of marriage is $435
6. New York State Unified Court System, Uncontested Divorce Fee Schedule: New York filing fee for an uncontested divorce petition is $210; respondent answer fee is $215
7. Washington Courts, Filing Fees: Washington state filing fee for a petition for dissolution of marriage is $314; both petitioner and respondent pay the same amount
8. U.S. Department of Health and Human Services, Federal Poverty Guidelines: Fee waivers for court filing fees are commonly granted to parties at or below 125% of the federal poverty level, which is the threshold referenced in many state fee waiver statutes
9. California Family Code, Section 2310, Grounds for Dissolution: California Family Code Section 2310 states that dissolution of marriage may be based on irreconcilable differences or permanent legal incapacity to make decisions
10. Florida Statutes, Chapter 61, Dissolution of Marriage: Florida Statute 61.052 provides that a marriage is dissolved when it is irretrievably broken; no-fault grounds are sufficient
11. Texas Family Code, Chapter 6, Suits for Dissolution of Marriage: Texas Family Code Section 6.001 establishes insupportability (no-fault) as grounds for divorce; Section 6.702 requires a 60-day waiting period after filing