How to submit a proposed order to the court in divorce

Last updated 2026-07-10

What is a proposed order in a divorce case?

A proposed order is a draft court order that one party (or both, jointly) prepares and hands to the judge for signature. It is not binding until the judge signs it. Once signed, it becomes the official court order both parties have to follow.

Think of it this way. The judge has dozens of cases. Rather than write every order from scratch, the court relies on the parties to draft the language they agreed to (or that one side is asking for), then the judge reviews it, adjusts if needed, and signs. This saves court time and gives you control over the exact wording of your divorce terms.

In an uncontested divorce, you'll usually submit a proposed final decree of divorce (sometimes called a judgment of dissolution or a marital settlement order, depending on the state) as part of your final filing packet. You may also need proposed orders for interim matters like temporary custody or a temporary restraining order on marital assets while the case is pending.

The proposed order is a different animal from your divorce papers, which include the petition, summons, financial disclosures, and agreements. The order is the document the judge actually signs to make everything official.

When do you need to submit a proposed order?

You'll run into proposed orders at several points in a divorce case. The most common one is the end.

When you submit your final paperwork and ask the court to approve the divorce without a hearing, a proposed final decree goes in the packet. Many courts allow this for uncontested cases: you mail or e-file a packet that includes the proposed decree, and a judge or commissioner reviews it and signs (or returns it with corrections) without you setting foot in the building ^[1].

The second common moment is right after a hearing. If you had a hearing on a specific issue, like temporary child support or a motion to divide a particular asset, the judge may rule out loud from the bench and then ask one party to prepare and submit a written order that captures that ruling within a set number of days (often 5 to 20 days, depending on local rules).

A third situation comes up when you file a motion asking the court to do something. Maybe you want a qualified domestic relations order (QDRO) to divide a retirement account, or you want the court to enter a stipulated agreement the two of you reached on your own. Every motion needs a proposed order attached so the judge has something to sign if they grant it ^[2].

Here's the short version: if you are asking the court to do anything official in your divorce, you almost certainly need a proposed order to go with the request.

What are the formatting requirements for a proposed divorce order?

This is where most self-represented filers trip. Courts are picky about format, and a proposed order that breaks local rules comes back to you unsigned.

Here are the standard requirements you'll find across most state courts. Verify your own court's local rules before you rely on any of them.

Requirement	Typical Standard
Paper size	8.5 x 11 inches
Margins	1 inch on all sides (some courts require 1.5 inches on the left for binding)
Font	Times New Roman or Arial, 12-point
Line spacing	Double-spaced body text
Line numbers	Required in some states (California, for example, requires numbered lines on all pleadings) [3]
Signature block	Space for judge's signature, printed name, title, and date
Case caption	Full caption matching your other filed documents: court name, case number, parties' names
Header	"Proposed Order" or "[Proposed] Order" clearly labeled at the top
Footer	Page numbers

The case caption must be identical to your original petition, down to the exact spelling of names and the case number. Courts use optical recognition and manual checks to match documents to case files, and one name discrepancy can get your document rejected or misfiled.

Many courts also want the word "PROPOSED" in the title or in brackets, like "[PROPOSED] FINAL DECREE OF DIVORCE," so court staff know it hasn't been signed yet. Once the judge signs it, that header is crossed out or the filed copy reflects the judge's signature.

Check your court's local rules and any standing orders from your assigned judge. Most state court websites post these. California's statewide rules are in the California Rules of Court ^[3], but each county piles on its own local rules. Texas family courts follow the Texas Rules of Civil Procedure plus county-specific rules ^[4].

How do you write the content of a proposed divorce order?

The content of a proposed order must be clear, specific, and written in plain command language. The judge signs it, it becomes binding, and vague language causes enforcement headaches later.

Write in command sentences. Instead of "the parties agree that custody will be shared," write "IT IS ORDERED that the parties shall share joint legal custody of the minor child, [child's name], born [date]." Orders speak in the voice of the court, not the voice of the parties.

Every term from your marital settlement agreement needs a matching provision in the proposed order. If your agreement covers property division, child custody, child support, and alimony, all four topics need to show up in the order with specifics:

• For property: identify each asset by description, account number or address, and state who gets it and when the transfer happens.
• For child support: include the dollar amount, payment frequency, which parent pays, payment method, and termination date.
• For alimony: include the amount, duration, payment schedule, and any modification triggers.
• For custody: include both legal and physical custody designations, a parenting time schedule (something more concrete than "reasonable visitation," which is nearly impossible to enforce), and a holiday schedule.

End the order with a signature block for the judge, a date line, and if your jurisdiction requires it, a "so stipulated" signature block for both parties or their attorneys above the judge's block. Some courts want the parties to sign the proposed order confirming they reviewed it before the judge signs.

If you're building your entire divorce filing from scratch, the DivorceClear $149 document packet includes a properly formatted proposed final decree template drafted for your state's requirements, which takes most of the formatting guesswork off the table.

How do you actually submit a proposed order to the court?

How you submit depends on your court's current procedures. Most courts now accept at least one of three methods: e-filing through a state portal, in-person filing at the clerk's window, or mail.

E-filing is now the default in many states. California's statewide e-filing system handles most civil and family law filings in participating counties ^[5]. Texas runs everything through a statewide portal at eFileTexas.gov ^[4]. Florida uses the Florida Courts E-Filing Portal for all mandatory e-filed documents ^[6]. When you e-file a proposed order, you upload it as a PDF and pick the correct document type from a dropdown. Label the PDF clearly. "Proposed_Final_Decree.pdf" beats "document1.pdf."

For in-person filing, bring the original plus the number of copies your court requires. Many courts want two copies beyond the original: one for the judge's chambers and one to be file-stamped and handed back to you. Call the clerk's office ahead of time to confirm the copy count.

For mail, send everything to the clerk of court's address, not the judge's chambers directly (unless your local rules say otherwise). Include a self-addressed stamped envelope if you want a conformed copy back. Certified mail is smart. You'll want proof of delivery.

Along with the proposed order itself, you may need to include:

• A cover letter or transmittal letter to the clerk explaining what you're submitting
• A proof of service showing you served the proposed order on your spouse (more on this below)
• A self-addressed stamped envelope for return of the signed order
• Proposed language for a judgment cover sheet if your court uses one (California uses an FL-190 Notice of Entry of Judgment, for example) ^[2]
• Any outstanding filing fees

Do you have to serve the proposed order on your spouse before submitting it?

Yes. In almost every jurisdiction, you must serve the proposed order on the other party before or at the same time you submit it to the court. This gives them a chance to object to the language before the judge signs.

In a truly uncontested divorce where both of you drafted the proposed order together, you can both sign a stipulation confirming you agree to the language. That satisfies the service requirement and makes it unlikely the judge changes anything.

If you drafted the proposed order yourself after a hearing, you typically serve it on your spouse (or their attorney) and then wait a set number of days before submitting to the court. This waiting period, often called a "notice period" or "objection period," runs from 5 days in some jurisdictions to 20 days in others. Check your local rules for the exact window. During that stretch, the other side can submit proposed changes (sometimes called a "competing order" or "counter-proposed order").

Service of a proposed order follows the same rules as service of other court documents: personal service, mail, or electronic service if the other party consented to e-service. Keep a proof of service form (or a written declaration confirming how and when you served them) in your records, and file it with the court.

If your divorce is completely uncontested and you're both submitting the packet together, some courts allow a joint submission where service is presumed because you both signed everything. Verify this with your court's self-help center before you skip the formal proof of service step.

What happens after you submit a proposed order?

After you submit, the proposed order lands in a processing queue. In busy urban courts, that can take weeks. In smaller rural courts, a judge may sign routine uncontested divorce orders within a few days.

Three outcomes are possible:

1. The judge signs the order as submitted. The clerk sends you a file-stamped, signed copy. Your divorce is final.

2. The judge changes the order. This happens when language is too vague, conflicts with state law (a child support amount below the statutory guidelines, for example), or has an error. The court may return the unsigned order with a note listing required changes, or it may enter a modified version and send you the signed copy. Read any changes carefully before you assume everything is as you agreed.

3. The judge rejects the order and sets a hearing. This usually happens when the court has substantive concerns, like a custody arrangement that looks contrary to the child's best interests, or when the court wants testimony before signing off on property division. This is rare in a well-prepared uncontested case.

If weeks pass with no word, it's fine to call the clerk's office to confirm receipt and ask about processing time. Do not contact the judge's chambers directly unless local rules clearly permit it. Some courts have a family law facilitator or self-help center that can help you follow up ^[7].

What are common reasons a proposed order gets rejected or returned?

Courts return proposed orders for predictable reasons, and most are fixable.

Formatting violations top the list. Wrong font, missing line numbers where required, margins off, or a case caption that doesn't match the file exactly. Fix the format and resubmit.

Missing or incorrect legal language comes next. Some courts require specific statutory language in a final divorce order. California divorce orders must include a specific statement about status termination if the case involved a status-only judgment ^[3]. Texas decrees must comply with the Texas Family Code's language requirements on property characterization ^[4].

Child support that deviates from state guidelines without a written finding. If you agreed on a child support amount lower than what your state's formula produces, the court needs a written explanation of why the deviation is in the child's best interests. Without it, the judge cannot sign ^[8].

The order addresses something not in your petition. You can only get orders on issues you actually pled in your original petition. If you forgot to address the house, you may need to amend before the court will include it in the final order.

Missing signatures. If your court requires both parties to sign the proposed order as a stipulation, one missing signature holds everything up.

Proof of service not filed. Some courts won't process the proposed order at all until the proof of service is in the file.

The fix is always the same. Read the rejection note, correct exactly what's flagged, and resubmit with a short cover letter explaining what you changed.

How much does it cost to submit a proposed order?

Submitting a proposed order itself carries no separate fee in most states. You pay filing fees when you file your divorce petition and other major documents, and the proposed order usually rides along with those or comes in as a follow-on submission with no extra charge.

Some courts do charge a per-document filing fee for certain motion-related orders. Fees swing widely by state and county.

State	Typical divorce filing fee (petition)	Additional motion filing fee
California	$435 (Superior Court) [9]	$60-$100 depending on motion type
Texas	$300-$350 (county-dependent) [4]	Varies by county
Florida	$408 (Circuit Court) [6]	$50-$100 for most post-petition motions
New York	$210 (Supreme Court) [10]	$45 for most motions
Illinois	$289-$388 (Cook County) [11]	$104 for motions

Fee waivers exist in every state for people who qualify based on income. In California, you apply using form FW-001 ^[9]. In Texas, you file a Statement of Inability to Afford Payment of Court Costs ^[4]. If cost is a worry, apply for the waiver when you file your petition. An approved waiver usually covers later filings in the same case too.

The real cost question is whether you hire an attorney to draft the proposed order or do it yourself. Attorney fees for drafting a final decree in an uncontested divorce run from $500 to $2,500 depending on the market and complexity, based on the American Bar Association's general guidance on limited-scope representation. Doing it yourself with a verified template drops that to roughly zero beyond your filing fees.

Are there templates or forms for a proposed divorce order?

Many states hand out official fill-in-the-blank forms that work as proposed orders. Using the official form, when one exists, is almost always the right call.

California has a Judgment of Dissolution of Marriage form (FL-180) that works as the proposed order in most uncontested cases, plus a companion Judgment Checklist (FL-182) that tells you exactly which attachments to include ^[3]. Florida provides a Final Judgment of Dissolution of Marriage (Form 12.990) through the Florida Courts website ^[6]. Texas has no single statewide proposed decree form, but many counties post sample decrees on their court websites or self-help pages.

For states that don't provide official forms, you'll find templates through state bar association websites, law school clinics, and legal aid organizations. Quality is all over the map. Always check any template against your state's current statutes, because outdated templates circulate widely and can carry language that no longer complies with the law.

Your court's self-help center is the most reliable local resource. Many centers will review a proposed order you've drafted and flag problems before you submit. That review is free. Find your state's family court self-help center through your state court's official website ^[7].

If you want a full packet with a properly structured proposed final decree, the DivorceClear document packet at $149 covers the complete uncontested divorce filing, formatted for your state's requirements.

What is a stipulated proposed order and how is it different?

A stipulated proposed order (sometimes called a consent order or agreed order) is one both parties have reviewed and signed before submission. Two signatures tell the judge the order reflects a real agreement rather than one party's wishful thinking.

In practice, this is what most uncontested divorces produce. You and your spouse agree on all terms, one of you (or both) drafts the proposed final decree, you both sign it, and you submit it together. Because the judge sees two signatures, review usually moves faster and the chance of the court changing something is low.

A non-stipulated proposed order is one submitted by a single party, typically after a contested hearing where the judge ruled out loud and asked that party to prepare the written order. The other side gets notice and can object. If they object to the language (not the ruling itself, just how it's written), the court may require a "settle order" hearing where both sides argue over the wording before the judge finalizes it.

For any uncontested divorce, you want a stipulated proposed order. It's faster, less likely to get kicked back, and shows the court that no further fighting is needed.

What should you do after the judge signs your proposed order?

Once the judge signs and the clerk files the order, you have an official court order. Don't treat this as the end of your administrative work. A few tasks still need doing.

Get certified copies. A regular file-stamped copy is fine for your records, but a certified copy (with the clerk's raised seal or stamp) is what banks, title companies, the DMV, the Social Security Administration, and other agencies require when you change names, transfer titles, or update beneficiary designations. Certified copies usually cost $15 to $25 each, depending on the court. Get at least three.

Change your title documents. If real estate was awarded to you, your former spouse needs to sign a quitclaim deed or warranty deed (depending on your state) to transfer title. If they won't cooperate, your order itself may be enough for the recorder's office in some states, but check your county recorder's requirements.

Change financial accounts. Banks require either a certified copy of the order or a new account agreement. Retirement accounts require a QDRO if a plan was divided, and the QDRO is a separate order that goes to the plan administrator.

Update your estate plan. Your divorce decree does not automatically update your will, trusts, or life insurance beneficiary designations in most states (though some states do automatically revoke a former spouse's interest in a will upon divorce). Handle this within weeks of getting your signed order.

Store the original somewhere safe. A fireproof safe, a bank safe deposit box, or both. Replacing a lost court order means a trip back to the courthouse and another certified copy fee.

Frequently asked questions

Can I submit a proposed order without an attorney?

Yes. Self-represented litigants submit proposed orders regularly in family court. Most courts have self-help centers built to assist people filing without a lawyer. The main risks are formatting errors and missing required legal language, both of which get the order returned rather than signed. Using your court's official forms, when available, kills most formatting problems.

How long does a judge take to sign a proposed divorce order?

It varies enormously. Busy courts in large counties can take four to eight weeks for routine uncontested divorce orders. Smaller courts may sign within a week. Some courts post processing time estimates on their websites or self-help pages. After four weeks with no response, it's reasonable to call the clerk's office and ask for a status update.

Does a proposed order have to be notarized?

The proposed order itself typically does not require notarization. Your marital settlement agreement may require it, and a separate affidavit or financial disclosure form may too, but the proposed order text is not a notarized document. It gets signed by the judge, not a notary. Verify your state's requirements, because a small number of jurisdictions do require notarized consent forms attached to the proposed order.

What happens if my spouse disagrees with the language in my proposed order?

If you served the proposed order and your spouse objects to the wording within the notice period, they can file a competing proposed order or a written objection. The judge then either decides based on the written submissions or schedules a short hearing to settle the language dispute. This is about wording, not relitigating the underlying ruling. If the terms are already agreed, language disputes usually resolve fast.

Can I submit the proposed order at the same time as my divorce petition?

In many uncontested divorce procedures, yes. Some courts let you file a complete final packet from day one: the petition, marital settlement agreement, proposed final decree, and proof of service. After the mandatory waiting period (which exists in most states) the judge can sign without a hearing. California and Florida both allow this for agreed uncontested cases.

What if I made a mistake in the proposed order after the judge signed it?

If the mistake is a clerical error (a typo, a wrong date, a transposed account number) that doesn't change the substance of what the judge ordered, you can file a motion to correct a clerical error under rules like Federal Rule of Civil Procedure 60(a) or its state equivalent. The court can fix it without reopening the case. Substantive errors that change what was ordered are harder and usually require a motion to modify or reconsider, with a higher bar to clear.

Do both parties have to sign the proposed order before submitting it?

It depends on your court's local rules and the type of order. For a stipulated order in an uncontested case, most courts want both parties to sign as co-stipulants. For an order prepared by one party after a hearing, only that party's signature may be required on the transmittal, though the other side gets a notice period. Check your local rules; they spell out who must sign and in what capacity.

What is the difference between a proposed order and a final decree of divorce?

A proposed order is the draft you submit before the judge acts. A final decree of divorce is what you get once the judge signs and the court files it. They can be the same physical document at different stages: you call it a proposed final decree when you submit it, and it becomes the final decree of divorce once the judge's signature is on it and it's entered into the record.

Is a proposed order required for every divorce, or only contested ones?

Every divorce requires the court to enter a final order (the final decree or judgment of dissolution). Whether you call the document you submit a "proposed order" or just the "final decree" depends on your jurisdiction's terminology, but functionally yes, you always submit the document that becomes the final order. For contested divorces with multiple interim motions, you'll submit multiple proposed orders throughout the case.

Can I email a proposed order directly to the judge?

Almost certainly not. Judges receive documents through the clerk's office or the e-filing system, never through direct email with parties. Sending documents straight to a judge is an ex parte communication and is prohibited. Submit everything through the proper channel (e-filing portal, clerk window, or mail) and let the clerk route it to the judge.

What do I do if the court changes my proposed order in ways I disagree with?

Read the modified order carefully first. Some changes are minor formatting corrections or legally required language that doesn't touch your substantive rights. If the change alters something material, you have options: file a motion asking the court to reconsider, set a hearing to address the specific language, or, if the change reflects the judge's read of what was argued, ask a divorce attorney whether an appeal or clarification motion makes sense.

How do I find the correct proposed order form for my state?

Start with your state court's official website. Look for a "forms" or "self-help" section under the family law or divorce category. California hosts all Judicial Council forms at courts.ca.gov. Florida posts forms at flcourts.org. If your state has no official form, your county court's self-help center can point you to a local template or review a generic one you've drafted.

Sources

1. California Courts, Self-Help Center: Divorce or Separation: Many California courts allow uncontested divorces to be processed by mail or drop-off without a hearing if a complete packet is submitted.
2. California Courts, Judicial Council Forms: FL-190 Notice of Entry of Judgment: California requires a Notice of Entry of Judgment form alongside the signed judgment in divorce proceedings.
3. California Rules of Court, Rule 2.100 et seq. and Family Law Forms (courts.ca.gov): California Rules of Court specify formatting requirements including line numbering, margins, and document caption standards for all pleadings.
4. Texas Office of Court Administration, Texas Rules of Civil Procedure: Texas family courts follow the Texas Rules of Civil Procedure and county-specific local rules; eFileTexas.gov is the statewide mandatory e-filing portal.
5. California Courts, e-filing information (courts.ca.gov): California's statewide e-filing system handles family law filings in participating counties.
6. Florida Courts, Florida Courts E-Filing Portal and Family Law Forms (flcourts.org): Florida mandates e-filing through the Florida Courts E-Filing Portal and provides standardized family law forms including Form 12.990 Final Judgment of Dissolution of Marriage.
7. National Center for State Courts, Self-Represented Litigants Resources: Family court self-help centers provide free document review services for self-represented litigants.
8. U.S. Department of Health and Human Services, Office of Child Support Services: Deviating from Child Support Guidelines: Federal law (42 U.S.C. 667) requires courts to make a written finding explaining why a deviation from child support guidelines serves the child's best interests.
9. California Courts, Civil Filing Fees (courts.ca.gov): California Superior Court divorce petition filing fee is $435; fee waiver form FW-001 is available for qualifying low-income filers.
10. New York State Unified Court System, Fee Schedule for Family and Supreme Court: New York Supreme Court divorce filing fee is $210 as of 2024.
11. Circuit Court of Cook County, Filing Fees Schedule: Cook County Illinois divorce petition filing fees range from $289 to $388 depending on case type.